Author Archives: Jay Butchko
Do You Qualify For A Hardship Waiver?
Being denied a green card, or entry into the country, can be a devastating blow. But for many people, it may not be the end of the fight to enter into, or remain in, the United States. That’s because you may qualify for what is known as a hardship waiver. What is a Hardship… Read More »
Immigrants May Get Passed Up For COVID Vaccinations
During the height of the pandemic, and even today, undocumented immigrants were on the front lines of many different industries, making sure that the necessities of life were there for us when we needed them. Many worked in high risk environments, or as farm workers, with little or no protective equipment to shield them… Read More »
Unlawful Presence And The Consequences Of Staying Too Long
If you remain in the United States longer than you’re supposed to, you are considered to be overstaying in the country. An overstay usually entails legal entry into the country but remaining longer than you are legally allowed to. Once you overstay, you start accruing what is known as unlawful presence days. Unlawful presence… Read More »
Immigrants May No Longer Be Called “Aliens” In The Future
What’s in a word? How much information can a single word convey or sway public opinion? When it comes to immigration and immigration law, it means a lot. Which is why the new presidential administration is making an attempt to change the use of one, commonly used (in immigration law) word: alien. What “Alien”… Read More »
Changes To Immigration Laws Are Coming-But They Could Take Awhile
With a new presidential administration, come potential new changes in immigration laws. Although none of these changes are actually law yet, the mere fact that they are being spoken about is a positive sign. Pathways to Citizenship The new administration intends to pass laws that provide a pathway to citizenship for those who are… Read More »
H-2A Visa Agricultural Workers Sustain Horrific Abuse, Study Finds
A recent report where researchers interviewed 100 workers across Mexico who had come to the U.S. on H-2A visas, reveals a pattern and practice of harassment, sexual abuse, discrimination, health and safety violations, and how the circumstances of their work expose these workers to COVID-19. About 94% of the polled workers experienced three or… Read More »
How Do Restraining Orders Affect Immigration Status?
With many immigration applications—and as a requirement to remain in the country no matter how you may be here—good moral character is a requirement to getting into, or remaining in the country. Many people are aware that drug crimes, sex crimes, murder, or theft, can lead to an application for a green card or… Read More »
Fiance Visas, and Getting One if Your Marriage Doesn’t Happen
We often hear about marriage visas, and discuss how getting married to a U.S. citizen can provide a path to legally coming into, or remaining, in the United States. However, the marriage visa is for those who are already married. The K-1 visa is for those who anticipate getting married, hence its name, often… Read More »
Don’t Confuse Physical Presence and Continuous Residence
The all important process of naturalization has a requirement that sounds obvious, but which may not always be: The requirement of physical presence in the country. Many people overlook this important requirement, but doing so could risk your ability to become a naturalized citizen. Physical Presence To become fully naturalized—that is, to become a… Read More »
What is Marriage Fraud?
Many people already know that in keeping with the policy of keeping families together, it is easier to get into, and remain inside the country, by marriage. Unfortunately, many people take advantage of this policy, and if you choose to be one of them, you could end up being accused of marriage fraud (which… Read More »
