Month: March 2016

Man Stripped of Citizenship Because He Lied on His Application

Handcuffs

We tell clients all the time – you have to tell the truth about everything.

Lying to U.S. Citizenship and Immigration Service is always a bad idea.

This week, a man from North Carolina found that out the hard way after a federal judge stripped him of his citizenship due to his failure to disclose an arrest that occurred while he was in the naturalization process.

Last July, Wilson Rene Cagua-Anzules pleaded guilty to lying to government officials during the naturalization process.

Cagua-Anzules was born in Ecuador in 1982 and entered the U.S. in 1999 as a lawful permanent resident.

He applied for citizenship in June of 2010 by completing an N-400 Application for Naturalization. One question on the form was:

“Have you ever committed a crime or offense for which you were not arrested?”

Mr. Cagua-Anzules answered no to that question during his February 2011 interview with a U.S. Citizenship and Immigration Services officer. Based on the answers that he gave to the officer, he became a U.S. citizen in March of 2012.

As it turns out, Cagua-Anzules had committed the crime of taking indecent liberties with a child in August of 2010. He pleaded guilty to the offense after becoming a citizen.

But the crime had occurred prior to his interview so the answer to the question should have been yes.

The federal government filed an action in federal court to de-naturalize Cagua-Anzules.

“Today, a federal judge stripped the U.S. citizenship of a man who did not deserve such privilege,” U.S. Attorney Jill Rose said in a statement. “Cagua-Anzules violated our immigration laws and compromised the integrity of our naturalization proceedings.”

“But make no mistake that we will prosecute those who try to cheat their way into an American citizenship,” Rose said. “Liars and cheats need not apply.”

The federal judge who stripped the man of citizenship has also ordered him to return to Ecuador, his home country.

Can a conditional permanent resident file a petition to bring their children to the United States?

 

Can a conditional permanent resident file a petition to bring their children to the United States?
Yes.  Federal regulations hold that “Unless otherwise specified, the rights, privileges, responsibilities and duties which apply to all other lawful permanent residents apply equally to conditional permanent residents, including but not limited to the right to apply for naturalization (if otherwise eligible), the right to file petitions on behalf of qualifying relatives, the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed; the duty to register with the Selective Service System, when required; and the responsibility for complying with all laws and regulations of the United States. All references within this chapter to lawful permanent residents apply equally to conditional permanent residents, unless otherwise specified.”  8 CFR 216.1
The exceptions apply to attempts by Conditional Permanent Residents to apply for spouses other than the one who is the source of their conditional residency.
Conditional permanent residents are able to petition for children on the same terms as any other permanent resident.  Conditional residents can file an I-130 at any time after receiving their LPR status.  They do not have to wait until having the conditions removed from their green card.

Immigrant intent or non-immigrant intent

What’s the difference between immigrant intent and non-immigrant intent, and why is that important in the immigration context? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in Saint Louis, Missouri. I was talking to a young man yesterday about a situation in which he was thinking about having his brother sponsor him for a green card. This young man is in the United States on an F1 student visa, and who was wondering what repercussions there would be of his brother filing that immigrant visa for him, and so I thought I’d  shoot this video to explain the difference between immigrant intent and non-immigrant intent and tell you why that’s really important in the immigration content.

One thing you have to understand is that there’s a big distinction in immigration between people who want to come and visit, or stay temporarily versus those who have said and declared that they want to stay and remain in the United States. That’s the difference between an immigrant visa and a non-immigrant visa. If you’re here on a non-immigrant visa, which is like a V1, V2, which can be a visitor visa, or an F1 student visa, or some of the other types of student visas including Ms and Js, in those situations, you’re telling the government that you’ll be here temporarily in the United States, and that at the end of your stay, at the end of your studies or whatever it is that brings you to the Unites States, that you will return home, to your home country.

Once that immigrant visa is filed, he has displayed what’s called immigrant intent. He has demonstrated that his intention over the long term is to stay and remain in the United States. This can make it very difficult to get that non-immigrant visa, that F1 visa stamped in his passport. The State department and the immigration office don’t like it when people try to jump from one status to another, or when they’ve demonstrated that immigrant intent, then the government is sort of believing and think that the person has demonstrated that they want to stay in the United States, and therefore they’re disinclined. They don’t want to give them that non-immigrant visa anymore. This can come up in lot’s of different ways. One other way that it comes up is when someone applies in an embassy for a non-immigrant visa, like a V1, V2 to come and visit. If they have any kind of pending immigrant visa, if someone has filed an immigrant visa for them a long time ago, or if it’s pending, or if they just don’t even have enough evidence that they intend to return home, then this can come back to haunt them and they probably won’t get the visit visa.

When thinking about coming to the United States, when thinking about what you’re doing with the immigration service and with the state department, you really need to think it through, you can’t just file things willy nilly. This guy was very smart in asking me, “Should I wait to have my brother file this for me, or should I just go ahead and file it?” I said, “Well, what’s your long term plan?” Right now, brother and sister visa cases are taking 13 years. He wisely saw that he wanted to finish up his studies to make it clear that he did intend to return home, and that if his brother still wants to file for him, and if he wants to come, to do that after he’s completed this non-immigrant visa that he’s here on now. If you have any questions about this, if you’re worried about how you may have displayed immigrant intent, how you may have harmed your chances to get a visit visa or anything like that, give us a call (314)-961-8200, or you can email us at jim@hackinglawpractice.com. Thanks.

 

 
 

 

Me and Gary Vee

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If you haven’t heard of Gary Vaynerchuk, you probably will in the near future.

Gary and his family fled the Soviet Union in the mid-1980s. Their family was allowed to exit the Communist homeland and come to the United States as refugees in a complicated barter between the U.S. and the Soviet Union. The U.S. sent wheat to their Communist enemy and the Soviets allowed people being persecuted based on their religion to seek refuge in America.

Gary’s family settled in New Jersey. His father got a job sweeping floors and stocking inventory at a wine store. Gary’s dad eventually became the owner of a wine store.

While Gary’s dad worked at the wine shop, his son learned to hustle. As a teenager, he bought and sold baseball cards and made hundreds of dollars a week.

When Gary went to college in the mid-1990s, he stumbled across the internet and immediately saw its potential. He convinced his father to spend $15,000 to help Gary build a tv studio in the basement of the wine store.

Gary started making YouTube videos about wine. He called it Wine Library. He would make a new YouTube video every week talking about wine, the culture of wine, matching wines to food and the wine industry in general.

For the first two years, his dad’s store sold $2,000 worth of wine – total. His dad was angry. At this point, Gary started infusing the YouTube videos with more of his passion, his personality and his energy. The show took off.

His dad’s wine store went from selling $3 million worth of wine to $60 million worth of wine.

Gary shot 1,000 YouTube videos for WineLibrary. Then, he stopped.

He eventually started his own media and branding company. He has authored three fantastic books – Crush It, The Thank You Economy and Jab, Jab, Jab, Right Hook. I have read all of them and they contain tons of great advice on social media, building a business and the future of technology.

Gary now has a new regular YouTube show called #askGaryVee. He is worth millions and millions of dollars. His eventual goal is to purchase the New York Jets.

When people badmouth immigrants or claim that we should close our borders to refugees, I often use Gary Vee as Exhibit # 1 of the kind of quality people that we would never know and whose brilliance would have been lost if we hadn’t given them the opportunity of an open door.

Last week, I was lucky enough to hear Gary speak first hand. Afterwards, I was able to get my picture taken with him and it was pretty darn cool.