The Form I-864, Affidavit of Support, is required for most family-based immigration processes. It is enforceable against the affiant by either the sponsored person or a local, state, or federal government. INA § 213A. The purpose of the form is to ensure that a sponsored person does not become a public charge (ie., receiving means-tested benefits) after admission to the United States.

Public charge is a factual determination conducted at the time of admission based on the sponsored person's age, health, family status, assets, resources, financial status, education and skills, or any other appropriate factors. INA § 212(a)(4); 22 CFR 40.41; 9 FAM 302.8-2(B).

2. What is the legal effect of signing the form?

This is a legally binding contract between the Petitioner (U.S. citizen/lawful permanent resident) and the U.S. government. By signing this form you agree that the government can consider your income and assets as available to support the sponsored person.

This means, the Petitioner must provide the sponsored person any support necessary to maintain him or her at an income that is at least 125% of the federal poverty line based on the household size. This poverty line is redetermined annually, and updates are issued on Form I-864P, available at www.uscis.gov.

3. When does the obligation begin and end?

The obligation begins when the Immigration Services Officer or the Immigration Judge grants the immigrant's application for admission or for adjustment of status. 8 C.F.R. § 213a.2(e). The sponsored person becoming a lawful permanent resident is the consideration for the contract.

The obligation will end if the person who becomes the lawful permanent resident:

• Becomes a U.S. citizen;
• Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
• No longer has lawful permanent residence and has departed the U.S.;
• Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
• Dies.

4. Can I withdraw my Form I-864 Affidavit of Support form?

Yes, but the withdrawal will only be effective if it is received by U.S. Citizenship and Immigration Services before the sponsored person receives a decision on the green card application. 8 C.F.R. § 213a.2(f)(2)(2019).

5. Can my ex bring it up during our divorce case?

Yes. A California appellate court ruled in 2017 that the issue can be raised during a divorce even though it is a contract claim. That same court held that the sponsored spouse has no "duty to mitigate damages," which means that he or she does not have the responsibility to get a job or otherwise become self-supporting. See In Re Marriage of Kumar, (2017) 13 Cal.App.3d 1072.

Federal law requires that every employer who recruits, refers for a fee, or hires an individual for em-ployment in the U.S. must complete Form I-9, Employment Eligibility Verification. Form I-9 verifies your employee's identity and employment authorization should you be subject to an inspection.

How Do I Fill Out Form I-9?

Form I-9 is a seemingly simple form that must be filled out when a new employee is hired by the company. Beware of technical requirements, however.

First, Form I-9 is required after the employee accepts a job offer, and Section 1 must be completed no later than the employee's first day of employment. The employer must provide the form and the form instructions to the employee. The employee will complete Section 1 and present the required docu-ments from the attached list.

Second, the employer must verify the employee's documentation within 3 days of the employee's first day of employment. The employer will then complete Section 2 of the form and take copies of the documents presented. Note any expiration dates of documents, as future reverification is required.

Third, keep the documents in a safe place, separate and distinct from other personnel documents. ICE is limited to inspecting only Form I-9 and related compliance documents so it is important to keep these items separate.

When and where do I present these documents?

ICE will ask for the documents in the form of a Subpoena or a Notice of Inspection. You will then have 72 hours (3 business days) to produce the requested information. ICE will review the forms for substantive or technical violations and usually get back to you with a final opportunity to correct any errors.

What if I cannot provide the documents or correct the errors? What are the penalties?

Various penalties attach depending on the nature of the violation, whether substantive or technical, the number of employees, the existence previous I-9 violations, and other factors.

Fines range anywhere from $110 to $1,100 per violation, and can exponentially increase for repeat violators from $1,100 to $16,000 per violation.

How do I prepare for I-9 Inspection?

It is important to be ready in the event of an ICE inspection. This means conducting a periodic audit of your I-9 files. To conduct an audit you will need to gather the following information:

• Names of current employees
• Date of hire for each employee
• Form I-9 for each employee
• Supporting documents for each employee

Send the information to your representative at Negrette Law, P.C. for a thorough review of your I-9 compliance.

What is E-Verify?

E-Verify is an Internet-based system that allows employers to determine the eligibility of their employees to work in the United States. E-Verify is fast, free and easy to use. This online system is a supplemental tool, not a substitute for Form I-9. For now, the use of E-Verify is optional in California, but is still required for federal employees.

More Resources

USCIS has a plethora of information about the I-9 and E-Verify programs:

• Form I-9: https://www.uscis.gov/i-9-central
• E-Verify: https://www.uscis.gov/e-verify

Contact Negrette Law, P.C. for a Strategy Session at (619) 356-1448.

The future of DACA is uncertain. While I hope that Congress can pass meaningful legislation, it is prudent to call my office for a case review to stay ahead of the curve. A lot can change and I am here to help you through the process.

During our meeting I will review your options for other visas as well as explain how any changes in the law will affect you. Here is a short list of other options:

1. Green Card through Family

• If your parent, child, or spouse is a U.S. citizen or lawful permanent resident you may qualify.

2. Visa for Victims of Crime

• If you've ever had to call the police, request a restraining order, or testify in court you may qualify for a U Visa.
• If your abuser was a U.S. citizen or lawful permanent resident you may qualify for VAWA.

3. Parole in Place

• If your parent, child, or spouse is in the U.S. military you could qualify to apply for a green card in the U.S.

4. Cancellation of Removal

• If you are in removal proceedings and your family will suffer if you are deported.
• If you have been in the U.S. for at least 10 years.

5. Voluntary Departure

• If you are in removal proceedings and don't qualify for any other relief.

Contact Negrette Law, P.C. for a Strategy Session at (619) 356-1448.

Although the K Visa process seems straightforward, some cases can be complicated. If your case is complicated or stuck in long-term processing, please contact Negrette Law for a strategy session.

1. Can I extend my K-1 status beyond the 90-day period?

Unfortunately, no. The K-1 visa holder cannot file for a change or extension of status. This visa serves only one function: admission for the specific purpose of marriage to the U.S. citizen petitioner.

This is a single-entry visa, which permits the holder to enter the U.S. only one time. The K-1 visa holder then has two options: to either get married or depart the country at the expiration of the 90-day period. In practice, a variety of things can happen such as marriage and divorce within the 90-day period or domestic violence between the parties. If you need help, contact Negrette Law as soon as possible. Time is of the essence in these cases!

2. My K-1 visa was approved, now what do I do after I arrive in the U.S.?

You will have 90 days to get married to the U.S. citizen petitioner. When you receive a certified copy of your marriage certificate you should file for lawful permanent residence immediately.

Once you file the next round of paperwork, I do also recommend keeping your address updated with USCIS so you don’t miss any important communications via regular mail: https://www.uscis.gov/ar-11

3. What is a conditional resident and how does that apply to me?

If you were married for less than 2 years on the date you applied for lawful permanent residence, you will have conditions placed on your residence. This means that rather than getting a 10-year permanent residence card, your card will be valid for only 2 years.

At the end of the 2-year period you must file an additional application to remove the conditions on your residence. Only after approval of this additional application will you receive the 10-year permanent resident card.

4. What if my kids can’t get their K-2 visa on the same day as I get my K-1 visa?

Your children may be eligible for the K-2 visa for up to 1 year from the date of issuance of the K-1 visa. This may require a second appointment at the U.S. Consulate.

5. What are red flags that I am in a bad situation?

Domestic violence and abuse are serious concerns that can occur in situations where cultural and language barriers interfere with communication and expression. This may lead to fights and arguments. In the U.S., you have certain rights if you are being abused.

Here are some warning signs:

• Petitioner has filed multiple fiancé(e) petitions in the past
• Petitioner told me about his/her awful criminal history
• Petitioner is very controlling and demanding

Please read this information carefully: https://travel.state.gov/content/visas/en/general/IMBRA.html

The information provided in this post is not legal advice for your particular case.

Contact Negrette Law for a Strategy Session at (619) 356-1448.

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability through sustained national or international acclaim in a specific area and must be coming temporarily to the United States to work in that area of extraordinary ability.

Extraordinary ability includes national and international recognition in the fields of:

• Sciences
• Arts
• Education
• Business
• Athletics
• Motion Picture or Television Industry
• Any field of endeavor

O Visa Breakdown

• O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics
• O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry
• O-2: Individuals who will accompany an O-1, artist or athlete, to assist in a specific event or performance.
• O-3: Individuals who are the spouse or children of O-1’s and O-2’s

Duration of Status

An O petition may be approved for up to 3 years and extensions may be granted indefinitely for long-term projects or assignments. There is currently no annual limit on O visa numbers.

General Requirements

• The foreigner must be coming to the U.S. to perform services in his/her area of expertise

• Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor

• Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts

• To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field

Call Negrette Law, P.C. for a Strategy Session: (619) 356-1448

The information provided in this post is not legal advice for your particular case.

The L visa is a dual-intent work visa that allows a U.S. employer to transfer an employee from a foreign office to an affiliated U.S. office.

There are two types of L Visas:

• L-1A Intracompany Transferee Executive or Manager
• L-1B Intracompany Transferee with Specialized Knowledge

Either visa may be used to open a new office, however additional requirements apply.

1. Period of Stay

Qualified employees receive a maximum initial stay of 3 years. Employees entering the U.S. to open a new office will typically receive a maximum initial stay of 1 year. Extensions of stay can be granted in 2 year increments for a total maximum stay of 7 years for L-1A and 5 years for L-1B.

Total maximum stay is 7 years (L-1A) or 5 years (L-1B).

Spouses and children are eligible for L-2 status. Spouses may also qualify for employment authorization.

2. General Requirements:

a. The foreign corporation and the U.S. company must have a qualifying relationship such as:

• Parent/Subsidiary
• Affiliate
• Branch Office
• Other (ie. joint venture project)

b. The employee transferee must have been employed by the foreign company for at least one year, on a full-time basis, in the three years before the date of the petition

c. The employee seeks to enter the U.S. to work in either an executive or managerial position, or in a specialized knowledge capacity

3. L-1A: Executive or Manager Position

The foreign employee must be primarily engaged in a managerial or executive function.

This means that USCIS will consider whether the position involves performance of daily tasks versus management oversight functions.

Executive capacity generally refers to an employee’s ability to make important decisions without much oversight.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of others, or the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.

Sources: INA 101(a)(44); 8 CFR 214.2(l)(1)(ii).

4. L-1B: Specialized Knowledge Capacity

The foreign employee must be primarily engaged in a specialized knowledge capacity.

This means that USCIS will examine the special knowledge, the company’s processes and procedures, the industry involved, the particular skill level of the employee, as well as other factors.

Specialized knowledge means “special knowledge of the company product and its application in international markets” or “an advanced level of knowledge of processes and procedures of the company.”

Sources: INA 214(c)(2)(B).

5. New Office Requirements

A foreign employer may send an employee to open a new affiliated office under certain circumstances:

• The employer must have sufficient physical premises
• The employer must have the financial ability to compensate the employee
• The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.

Sources: 8 C.F.R. 214.2(l)(3)(vi)-(v).

Call Negrette Law, P.C. for a Strategy Session: (619) 356-1448

The information provided in this post is not legal advice for your particular case.

The K Visa is for foreign fiancé(e)s to enter the United States to marry a U.S. citizen. It is also available to foreign spouses of U.S. citizens and permits the spouse to enter the U.S. to complete the immigrant visa process.

There are four types of K Visas:

• K1 – Alien Fiancé(e)
• K2 – Alien Fiancé(e)’s Children
• K3 – Alien Spouse
• K4 – Alien Spouse’s Children

The K-1 visa is for the fiancé(e) of a U.S. citizen. K-2 visas are available for minor children of the K-1 visa holder. The K-1 visa holder may also qualify for a work permit upon arrival in the U.S.

The K-3 visa is for the foreign spouse of a U.S. citizen, not a fiancé(e).

In theory, the K-3 visa category is supposed to shorten the amount of time the spouses are separated by allowing the foreign spouse to enter the U.S. while waiting for a decision on a pending relative petition. However, in practice this process is usually longer and more expensive depending on USCIS processing times and the specific U.S. Consulate involved.

Call Negrette Law, P.C. for a Strategy Session: (619) 356-1448

The information provided in this post is not legal advice for your particular case.

On Tuesday, September 5, 2017, the Trump Administration ordered an end to the Deferred Action for Childhood Arrivals ("DACA") Program. It was originally created through an executive order signed by President Obama on June 15, 2012. It conferred a period of deferred action and employment authorization to certain individuals brought to the U.S. as children.

In 2017, 211,264 applicants renewed their DACA status bringing the cumulative total since 2012 to 799,077 renewals. These are individuals who (1) arrived in the U.S. before the age of 16, (2) have been living in the U.S. since June 15, 2007, (3) have no lawful status at the time of application, (4) are currently in school or have graduated, (5) have not been convicted of a disqualifying crime, and meet other requirements.

Here's What You Need to Know:

• The DACA program is terminated as of September 5, 2017
• A six-month orderly phase out begins until March 5, 2018
• After September 5, 2017, no more initial DACA requests will be accepted
• After October 5, 2017, no more DACA renewals will be accepted

(unless there is another change in law or policy)

• Benefits, such as a work permit, will not be revoked, but rather will just expire
• Social security numbers continue to be valid even after expiration of your work permit or DACA approval
• State driver’s license laws vary, check your state’s laws

USCIS is still accepting DACA renewals until October 5, 2017, for benefits that will expire between September 5, 2017, and March 5, 2018.

• Requests for advance parole (Form I-131) for DACA recipients will be cancelled immediately
• Do Not Travel Outside the U.S. Using an Advance Parole Document if you are a DACA Recipient

What You Need to Do Next

If you are a DACA recipient it is important to be proactive. I strongly encourage you to call Negrette Law, P.C. (619-356-1448) to review your options.

Here is a brief list of immigration options that may benefit you:

• Green Card Through Family
• U Visa for Victims of Qualifying Crime in the U.S.
• VAWA for Victims of Domestic Violence
• Parole in Place (for relatives of Military Members)
• U.S. Citizenship through a parent's naturalization
• Voluntary Departure (used in removal proceedings)
• Cancellation of Removal for Non-LPRs (used in removal proceedings)

Also, Know Your Rights!

On August 29, 2016, the U.S. Citizenship & Immigration Services expanded an existing program for provisional unlawful presence waivers. Under the new guidance, this program allows certain applicants for immigrant visas to request a waiver of the immigration violation for unlawful presence under INA 212(a)(9)(B). Here are five things you need to know about this program:

1. It waives ONLY ONE immigration violation: Unlawful Presence

There are a number of immigration violations that require waivers, such as criminal convictions or fraud or misrepresentation. This new waiver program only waives unlawful presence, meaning time in the United States without permission or a valid visa.

2. It is available to those with an approved relative petition (Form I-130), with some exceptions.

You must be in the process of immigrating to the United States, which begins with filing the relative petition. The petition can be from any relative, such as a parent, spouse, brother or sister. Once the relative petition is approved you can begin the waiver process, but not before.

It is also important to note that this waiver may not be available to you if you do not meet all the requirements or if your immigrant visa case has been terminated because you failed to contact the National Visa Center or the Department of State for more than 1 year.

3. You MUST show extreme hardship to your US Citizen or Lawful Permanent Resident Spouse or Parent. Children are not included.

In order for the waiver to be approved, you will need to demonstrate that your U.S. Citizen or Lawful Permanent Resident spouse or parent will suffer extreme hardship. Extreme hardship can be difficult to prove without the assistance of an attorney because it must go above and beyond the hardship that normally occurs from deportation or removal.

We can help you with this process by presenting arguments and documentation demonstrating why you cannot relocate to your home country with your family in addition to showing what will happen if you are separated from your family.

4. You may be eligible even if you have a removal order entered against you, but you have not yet departed the United States.

Under the old regulations from 2013, an applicant could not apply for this type of waiver if s/he was subject to a final order of removal. The new regulations now allow certain applicants to apply for the new waiver even if s/he is subject to a final order of removal.

However, this will add another step to the process by requiring the Attorney General to consent to your readmission before you can apply for the new waiver. You can request this consent on Form I-212, Application for Permission to Reapply for Admission. This requires the applicant to prove why the Attorney General should allow the applicant to be readmitted to the United States. The following factors are considered:

• Close family ties in the United States
• Evidence of reformation and rehabilitation
• Former length of lawful presence in the United States
• Good moral character
• Recent nature of deportation
• Need for applicant’s services in the U.S.
• And more…

Negrette Law can help you evaluate the strength of these factors in your case and present the strongest argument on your behalf. It often involves a detailed analysis of your life as it is in the United States weighed against the life you would have in your home country.

5. You should stay in the United States until you receive a decision from USCIS

As with many immigration applications and petitions it is important to remain in the United States until you have a decision on your application. If you depart the U.S. before a decision you may trigger additional penalties, which may not be fixed by the waiver approval.

It is important to note, however, that if you have a final order of removal entered against you, you are risk for immediate removal.

For more information please go to www.uscis.gov/I-601a

The information provided in this post is not legal advice for your particular case.

Call Negrette Law, P.C. for a Strategy Session: (619) 356-1448

There are a number of ways to qualify for U.S. Citizenship:

• Through an application for Naturalization
• Through Derivative Citizenship
• Through Acquired Citizenship

Each process has its own requirements, briefly described below.

1. Application for Naturalization

Using Form N-400 any person who meets the requirements may pay the fee and apply for naturalization. This process generally involves filling out the form, attending an interview with a USCIS officer, taking the English and civics exams, and finally taking the oath at a separate ceremony. A fee waiver is available on Form I-912 if you cannot pay the filing fee.

The application process is generally straightforward, however, there may be red flags in your case that can cause a denial of your application and, in some cases, cause a lawful permanent resident to be referred to immigration proceedings for removal (deportation). These may include:

• Certain criminal convictions
• Fraud during any part of the immigration process (ie. marriage fraud)
• Failure to be a permanent resident for the specified period of time
• Abandonment of permanent resident status
• Unlawful voting
• Claiming you are a U.S. citizen

While it is generally a good idea to apply for naturalization, there are some cases that must be evaluated before an application is made. If you apply and you are "deportable" then your case will be referred to the Immigration Judge for deportation proceedings.

2. Derivative Citizenship & Acquired Citizenship

These processes are much more complicated than the naturalization process because they depend heavily on dates, ages, marriages, divorces, and legitimization.

Under some circumstances a child may be a U.S. citizen before reaching the age of 18 if his or her parent has already naturalized, while under different circumstances a child born abroad may acquire U.S. citizenship under the law that applied at the time of the child’s birth.

Since these laws have changed over time it is important to understand which law applies to the your case, then analyze it to see if the you qualify, and then file the correct paperwork either with U.S. Citizenship and Immigration Services or the U.S. Department of State.

The following information can help Negrette Law assess your case:

• Date of birth
• Date you became an LPR (if at all)
• Date of birth of U.S. citizen parent
• If you were born in wedlock
• If you were born out of wedlock and which parent holds U.S. citizenship
• If you ever lived in the United States, at what age, and with which parent
• If any grandparent has ever been a United States citizen

If your parents or grandparents were ever citizens it is possible that you are a U.S. citizen and you don’t even know it. If so, it becomes a matter of filing the appropriate paperwork along with supporting documentation.

The information provided in this post is not legal advice for your particular case.

Call Negrette Law, P.C. for a Strategy Session: (619) 356-1448

Ever had a TN Visa denied? It can be frustrating and leave you and your employer uncertain of your options. I am here to help, keep reading.

This year I had a client come to me after a TN Visa was denied for his management consultant position. This client met the legal requirements but the CBP officer explained that the documentation was insufficient and his answers to the questions were questionnable.

These were my instructions:

1. Resubmit the application
2. Fully prepare for questioning
3. Update or revise all documentation

There is a great ending to this story! A week after the denial, my client returned to the port of entry and his visa was granted for two years!

Resubmitting the Application:
During and after the interview the officer will explain the reasons for denying the application - take note of these reasons. You will have to address these problems in the subsequent application. Yes, you can ask the officer the reasons for the denial if they are vague.

Depending on the reasons for the denial, you may have to prepare additional documentation to fix the errors. There is no limit on the number of times you may apply for the TN Visa, however, it is important to prepare a truthful and accurate application - not just one that looks like what you think the CBP Officer wants to see. Each document should be carefully tailored to the applicant's experience and the employer's job offer.

You may apply for a TN Visa at a port of entry into the U.S. or through a change of status application with USCIS. Some ports of entry have TN Visa pre-clearance stations, such as in Vancouver, Canada.

One benefit of applying at a pre-clearance station is that if the application is denied you will not be detained because you are not on U.S. soil, you will simply be allowed to withdraw your application for admission.

Preparing for CBP Questioning
During the initial application and interview the officer will prepare a record of questions and responses. These responses will be recorded and placed into your immigration file. When the application is denied the officer will usually give you a copy of these questions. If s/he does not, Negrette Law can order a copy and go over it with you.

Knowing these questions and responses is paramount to adequate preparation for your second application. Without knowing what you said and the reasons behind it you might be denied again because you will likely be unable to explain why you made the statement in the first place, or you could be accused of fraud or misrepresentation. For example:
Q: Can you hire and fire employees?
A: Yes.
Application Denied. A management consultant is not generally permitted to hire or fire any employees directly, rather s/he can make recommendations as to who to hire or fire based on the company's goals, policies or procedures and the employee's skills, expertise or qualifications.

This is just one type of question and response that can cause huge problems for your TN Visa application.

Updating the Documentation
The documentation must fit with your qualifications and your management position with the company. The words you use in the documents will form the basis for the CBP Officer's questioning. For example:

Q: The job description states that the company is seeking a management consultant to develop a nationally recognized brand. Have you ever developed a brand before?
A: No, but I have been working in SEO for the past five years.

Application denied. If the applicant cannot meet the needs of the company, that applicant is not sufficiently qualified for that position. In addition to the legal requirements for the TN Visa, the applicant must be qualified to meet the needs of the U.S. employer.

The information provided in this post is not legal advice for your particular case.

Call Negrette Law, P.C. a Strategy Session: (619) 356-1448

• Applicant is a citizen of Canada or Mexico;
• Profession is on the NAFTA list;
• Position in the United States requires a NAFTA professional;
• Applicant will work in a prearranged full-time or part-time job for an employer. Self employment is not permitted; and
• Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession

• Accountant
• Architect
• Computer Systems Analyst
• Economist
• Engineer
• Graphic Designer
• Hotel Manager
• Industrial Designer
• Interior Designer
• Land Surveyor
• Landscape Architect
• Lawyer
• Librarian
• Management Consultant
• Mathematician
• Range Manager/Range Conservationalist
• Research Assistant
• Scientific Technician/ Technologist
• Possession of:
• Social Worker
• Sylviculturist (including Forestry Specialist)
• Technical Publications Writer
• Urban Planner (including Geographer)
• Vocational Counsellor
• Medical/Allied Professionals:
• Dentist
• Dietitian
• Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States)
• Nutritionist
• Occupational Therapist
• Pharmacist
• Physician (teaching or research only)
• M.D. or Doctor en Medicina; or state/provincial license
• Physiotherapist/Physical Therapist
• Psychologist
• Recreational Therapist
• Registered Nurse
• Veterinarian
• Scientists:
• Agriculturist
• Animal Breeder
• Animal Scientist
• Apiculturist
• Astronomer
• Biochemist
• Biologist
• Chemist
• Dairy Scientist
• Entomologist
• Epidemiologist
• Geneticist
• Geologist
• Geochemist
• Geophysicist
• Horticulturist
• Meteorologist
• Pharmacologist
• Physicist
• Plant Breeder
• Poultry Scientist
• Soil Scientist
• Zoologist
• Teachers:
• College
• Seminary
• University

What if I have been deported from the U.S. or overstayed a visa? Am I still eligible?

Even if you meet the requirements for a TN Visa you may not be admitted in that category if you are "inadmissible." Inadmissibility can be caused by a number of previous U.S. immigration violations including, prior deportation, unlawful presence, certain criminal convictions, fraud, or misrepresentation.

If you have previously violated U.S. immigration laws a waiver might be available. For a detailed case analysis contact Negrette Law before you apply. Failure to do so may cost you a lot of time, money and frustration with the U.S. employer looking to hire you

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1. Expansion of pedestrian processing facilities including a new pedestrian crossing on the east side of the LPOE that will connect with a new multimodal transportation hub in Mexico and expanded northbound inspection facilities.
2. Construction of a new north and southbound crossing at El Chaparral/Virginia Avenue with an associated transit center.
3. The new port will boast 62 northbound vehicle primary inspection booths, one dedicated bus lane and inspection booth spread over 34 lanes, as well as improved processing facilities for bus and Secure Electronic Network for Travelers Rapid Inspection (SENTRI) travelers.
4. The LPOE will have over 110,000 square feet of new primary and secondary vehicle inspection canopy utilizing state-of-the-art materials that will both conserve and produce energy.
5. A portion of the Interstate 5 South freeway will be realigned and expanded from the current five lanes to ten lanes, which will connect to Mexico’s new El Chaparral facility. Corresponding southbound inspection canopy will be constructed to support Customs and Border Protection’s (CBP) southbound vehicle inspection efforts.

What is it?

In 2014, the ACLU of San Diego settled a class action lawsuit against Immigration and Customs Enforcement (“ICE”) and Border Patrol (“BP”) about the of Voluntary Return (“VR”) process in lieu of removal proceedings,  found in Immigration and Nationality Act (“INA”) Section 240B(a), in lieu of removal proceedings (not including Voluntary Departure from an Immigration Judge or Stipulated Orders of Removal).

The case claimed that ICE and BP used coercive tactics and other practices, which prevented people from knowingly and voluntarily electing VR. Essentially, the forms and procedures that ICE and BP were using were not legally adequate and may have caused those who were eligible to see an Immigration Judge to unknowingly waive that right.

ICE and BP did not admit wrongdoing, but agreed to settle the case, only for those within the regions covered by (1) ICE Los Angeles Field Office, (2) ICE San Diego Field Office, and (3) BP San Diego Sector.

Certain individuals may be able to return to the U.S. in the same legal position they had immediately prior to accepting VR. To qualify you must meet all the criteria:

• Returned to Mexico per VR between June 1, 2009 – August 28, 2014;
• VR was executed by ICE within the regions covered;
• Based on the facts, you fall into ONE of these categories:(i) Qualified for a green card through a relative, (ii) Was the beneficiary of a pending or approved Form I-130 Petition, (iii) Qualified for Cancellation of Removal, or (iv) VR’d after June 15, 2012, but qualified for DACA;
• Is physically present in Mexico when applying through this program;
• Has been unlawfully present in the U.S. and now may be barred from immigration benefits because of the VR departure.

If you believe you qualify, please contact the ACLU by email at avd@aclusandiego.org or by phone at (619) 398-4189.

It is very important that you contact the ACLU before you return to the United States. Returning without proper permission or documents could ruin your immigration case.

The ACLU will help you qualify for return, but will likely not represent you in your immigration case. If you feel you qualify please also contact Negrette Law, P.C. at (619) 356-1448 for more information.