Will Justin Bieber Face Deportation?

Justin Bieber's latest claim to fame involving his run-in with the law may end up costing him more than he ever bargained for - a removal from the United States. But it is too early to tell.

The wishes of over 225,000 people who have signed the petition to deport Justin Bieber could come true, depending on the outcome of Bieber's criminal case. (By the way, less than 1,000 people as of this writing have signed the petition to keep Justin Bieber in the United States).

Under immigration law, certain crimes result in very serious immigration consequences, including removal from the United States. On top of that, the distinctions between removable and non-removable crimes do not always seem logical. For example, an assault could be an "aggravated felony" under immigration law even when a state law calls is a misdemeanor. This is because in the immigration law, the length of sentence makes a difference. Similarly, a theft crime can have less or more serious immigration results depending on the sentence imposed. Often times, you can take two cases side by side and it will be clear to you which crime is more serious - yet the person with more serious crime can have an effective lawyer who negotiates the sentence down so as not to trigger "aggravated felony" conviction while another with less serious conviction cannot afford a lawyer who could help (a good example is the case of Mr. Pacheco whose misdemeanor crime of stealing cigarettes and some Tylenol was classified as aggravated felony because he was sentenced to more than 1 year in prison for it). I am sure Justin Bieber's legal team will make sure that he avoids anything even close to an aggravated felony.

The criminal charges that could really trouble Justin Bieber are those related to drugs. The news sources report that Mr. Bieber tested positive for marijuana and prescription drugs.  Immigration law comes down hard on drug crimes. The law makes an exception for single(!) possession of 30 grams or less of marijuana, but most other drug convictions are likely to result in deportation.

Then there is the problem with having two or more crimes for Justin Bieber - another ground of removability when those crimes involve moral turpitude.

If Justin Bieber wants to avoid deportation, he should have an expert immigration lawyer on his legal team as well as a very good criminal attorney. Until his criminal cases play out though, we will have to wait on the future of his immigration status in the United States. Stay tuned!

President Obama on Immigration in His State of the Union Speech

In his State of the Union speech last night, President Obama called for immigration reform, urging Congress to "fix our broken immigration system." He pointed out that immigration reform would grow our economy and shrink our deficits by about $1 trillion in the next two decades - two issues that have been of concern for most of his presidency so far. His speech, however, did not offer any specific solutions.

A meaningful immigration reform will require bipartisan support - something that has eluded the Congress so far. A new House Republican proposal offers some solutions but keeps many without an option to seek permanent residency or citizenship in the future. This is unlike the Senate bill proposed in June 2013, which offers path to citizenship to many currently undocumented immigrants.

Will 2014 by the year when we finally see a fix for our broken immigration system and will it offer meaningful solution that will keep families together and keep our economy going? We certainly hope so.

USCIS REPORT: Scam Alert

USCIS reports on new telephone scams that have been targeting USCIS applicants and petitioners. Please read the USCIS report and avoid being scammed: USCIS report

DACA: One-year Anniversary

On August 15, 2013, Deferred Action for Childhood Arrivals (DACA) celebrated its one-year anniversary. For an interesting report analyzing the demographics of those who applied since the start of the program, go to Brookings Institute Report.

Visa Bulletin for September 2013

Last month brought some good news for various preference categories - 2A family preference became current and EB2 for India made a significant jump (more than 3 years).

September 2013 Visa Bulletin has some more good news. 

Family 2A preference 

The category remains current for September. This gives those who are eligible to file their adjustment of status applications some breathing room to prepare their filing. We have processed and filed several applications during August for Adjustment of Status based on an approved or pending I-130 petitions.

Caution! Simply having a 2A preference I-130 filed and/or approved does not automatically mean that you are eligible to apply for adjustment of status. A mistake in filing can be very costly. You should review your case with an attorney to determine your eligibility. (Contact us) 

The predictions are that the F2A category will likely retrogress in October so acting quickly is important.

Employment Based Categories

There is exciting news for India's EB2 category which moved up to June 15, 2008. This is a significant progress from two months ago. EB3 category (except China, India, and the Philippines) also made a significant progress, moving to July 2010.

Is your priority date current?

To find out whether your priority date is current, go to Visa Bulletin.

Our office is prepared to assist those who are eligible to take advantage of priority date movements. We handle both the Adjustment of Status and consular processing applications. Please CONTACT us if our office can assist you. 

DACA Statistics - July 2013

The USCIS has released new statistics on Deferred Action for Childhood Arrivals. The report shows that as of June 30, 2013, over 130,000 applications still remain pending.

The USCIS is taking much longer now to process DACA cases than when the program first started - some applications are pending over 6 months.

Click on the link to view the latest statistics:
July 2013 DACA Statistics


Readers are reminded that information provided in this blog is for public service only and does not create attorney/client relationship. Readers are welcome to contact us if they would like to schedule a consultation by calling (512) 476-7163.

Unconstitutionality of DOMA and Immigration Consequences

On June 26, 2013, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA), opening the door to immigration benefits for same-sex couples.

Section 3 of DOMA defined marriage as a union between a man and a woman. Because of this definition, same-sex couples were unable to apply for permanent residence based on their marriage or for other immigration benefits that derive from marriage. This meant that gay and lesbian couples were either forced to be separated, live outside the US, face deportation or live in fear of being deported.

The decision of the Supreme Court striking down DOMA’s Section 3 brings good news to the same-sex couples when it comes to immigration benefits. They now have the same rights as straight couples when applying for legal permanent residence or as dependents of their spouses. However, couples must be careful when applying for green cards or other benefits. It is important to remember that simply being married does not automatically grant a legal status. One of the concerns specific to gay and lesbian couples is the place of marriage - not all states in the United States recognize same-sex marriage as a lawful marriage. There are other issues and the couples interested in pursing green card through marriage or other benefits should have an immigration attorney review their case to assure they truly are eligible to apply for an immigration benefit.  

On July 2nd, Secretary Napolitano issued a statement implementing the Supreme Court ruling to immigration cases. You can read the statement HERE.

Readers are reminded that information provided in this blog is for public service only and does not create attorney/client relationship. Readers are welcome to contact us if they would like to schedule a consultation by calling (512) 476-7163.