Legal Problems for The Real Housewives of New Jersey Cast Member Shows Important Difference Between Green Card Holders and U.S. Citizens

In most instances, reality television portrays the furthest thing from what reality for the cast members is actually like, and very seldom gives true insight into how the real world actually works. Unfortunately, Real Housewives of New Jersey star Joe Guidice’s recent legal battles with the IRS, and now with immigration illustrates an accurate lesson on the difference in lawful permanent residence and being a U.S. citizen.

For most lawful permanent residents, also known as green card holders, the hard part is done. The phrase lawful permanent resident is very straightforward in that your permission to stay in the United States is no longer temporary, in theory. Another perk is that green card holders can also travel outside the United States with little fear of not being allowed to return, subject to some exceptions.

HOWEVER, lawful permanent residents are not impervious to deportation. If a green card holder breaks certain immigration laws they can be deported. One of the most common reasons for which green card holders are deported is being convicted of certain crimes, specifically crimes involving moral turpitude (or “CIMT”s).  If convicted of a CIMT, a green card holder may be subject to deportation. Some of these crimes, such as driving under the influence, can constitute a CIMT depending on whether or not the conviction is a misdemeanor, felony, or aggravated felony.

Joe Giudice was convicted and sent to jail for bankruptcy fraud- a CIMT, and is now facing removal. Although Joe, who is now 46 years old, emigrated from Italy to the United States as a child, has held a lawful permanent resident card for almost his entire life and has raised his family in the U.S., ICE has still initiated removal proceedings against him. If ICE is successful, Giudice could be deported prior to his March 2019 anticipated release date from prison.

If you have been a lawful permanent resident in the United States for more than 5 years, or if you obtained lawful permanent residency through marriage and have had it for at least three years, you might qualify for naturalization. Naturalization is the process of becoming a U.S. citizen. Whether or not you become a citizen through naturalization or by birth, you cannot be deported (with the exception of becoming denaturalized).

Additional perks of citizenship that are not afforded to lawful Permanent Residents are 1) the right to vote; 2) receiving federal benefits; 3) obtain financial aid; and 4) the power to give derivative citizenship to their children.

If you believe that you or someone you know is eligible for naturalization and would like to learn more, contact Cunningham Lopez LLP for information or assistance.

Military Service Can Simplify Green Card Process for Family Members

The Trump administration’s zero tolerance policy toward immigration has affected a lot of mixed immigration status families in the United States. One category of mixed status families who are still protected are the undocumented relatives of U.S. military servicemen and military veterans. In a recent case, Alejandra Juarez, the wife of Temo Juarez- an Iraqi war veteran, and mother of two U.S. citizen children, was ordered removed after being questioned during a routine traffic stop, despite her marriage to her husband who was a naturalized U.S. citizen who put his life on the line during the Iraqi war. The Juarez’s were eligible to take advantage of what is known as the “Parole in Place” program.

In 2013, the Obama administration implemented the Parole in Place program, allowing certain undocumented people with relatives who were in the military or are veterans to adjust their status to permanent resident while remaining inside the United States. Most people who entered the United States without inspection or permission would need to leave the U.S. for an interview at a consulate in their home country in order to become permanent residents; this is known as “consular processing”. 

Many people do not start an immigration process to become permanent residents because they are afraid of the uncertainty that comes with consular processing. Upon leaving the U.S. for their interview, many people who entered the U.S. become inadmissible for re-entry.  Many people therefore need an additional waiver (for re-entry) with their immigration petition to pardon certain inadmissibility grounds, such as unlawful presence, crimes, etc.  Most waivers are limited to certain undocumented people and the burden of proof is very high, which adds more stress to already an uncertain and difficult situation.

The Parole in Place program therefore eliminates a huge obstacle for many family members of U.S. active military or veterans by allowing them to seek permanent residency inside the U.S. and without the need to leave for an interview in their home country.

In 2016, the Parole in Place expanded from just allowing unmarried minor children, spouses, and parents of military and vets to now also allowing adult children, as well as their spouses, to take advantage of the program.  The purpose of the policy is designed to reduce the “stress and anxiety” of military family members and veterans who are worried about the immigration status of their family members in the United States. A person who is given Parole in Place has the ability to get a work authorization card and is eligible for adjustment of status.

While the expansion is still in place, it can be removed with just the stroke of a pen through the President’s executive order authority. The program is not automatic and potential candidates must apply. If you think you qualify for Parole in Place, or have friends or family who you believe could benefit, call our office at (312) 419-9611 to talk to one of our immigration attorneys.

The New Immigrant- Effects of the Executive Action

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On November 20, 2014, President Obama addressed the country and finally delivered on his long outstanding commitment to “fix the broken immigration system.”  However, he had to do so under his presidential authority to take Executive Action, which does not offer the same protections as laws that are passed by Congress.  This was a measure taken by the President after the House of Representatives refused to vote on an immigration bill that was passed by the Senate nearly a year and a half ago.  Based on the initiatives of the Executive Action, projections show that approximately 4.9 million undocumented individuals may be eligible for lawful status that were not previously eligible. 

The initiatives include the following: 1) expanding the Deferred Action for Childhood Arrivals program by eliminating the restriction on individuals over the age of 31 and pushing back the continuous residence in the U.S. requirement to January 1, 2010 ; 2) creating a new program called Deferred Action for Parental Accountability for parents of U.S. Citizens and Lawful Permanent Residents who have resided in the country continuously since January 1, 2010 and are not a priority for removal; and 3)  expanding the provisional waiver of unlawful presence to include spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to be eligible for a provisional waiver if a visa is available.

The actions taken by the President have caused controversy in the media and received extensive criticism by members of the Republican party who insist that the president’s actions exceeded the scope of his authority and were unconstitutional.  There have been threats to block funding of the programs and challenge the executive action in the Supreme Court.

 History shows that numerous presidents in the past have taken executive action to address immigration issues, many in an attempt to keep families together.  The major difference of President Obama’s action is that it targeted a historically large number of undocumented individuals who will qualify for a work permit and deferred action for a period of three years.

For those who benefit from the initiative to expand the program for the provisional waiver of unlawful presence, the action will provide an easier path to lawful permanent residence because they will not have to depart the country in order to apply.    Importantly, the Executive Action will also clarify the meaning of “extreme hardship” that must be demonstrated for approval of a waiver, which has been a highly scrutinized term that has caused many families to be torn apart.  Given the goals of the executive action it is likely that the clarification of extreme hardship will lead to a higher number of waiver approvals. 

So the question remains did President Obama do anything to fix the immigration system? The short, but complicated answer is, yes.  He took action that will result in more undocumented individuals obtaining lawful permanent resident status through the provisional waiver.  He also took action that will result in thousands of individuals who are currently in removal proceedings to be eligible for relief who would have otherwise been deported.  This will result in the unity of more families, the ability of undocumented individuals to obtain a driver’s license and more opportunity to obtain employment. However, the action is not the immigration reform that many had hoped for.  It does not provide a path to lawful permanent resident status for those granted deferred action, nor a path to citizenship and the policy could be taken away after President Obama serves his final term.  Overall, this executive action was a major step in the right direction to fix the immigration system.  It will benefit more undocumented individuals than any other action taken by a President in the history of our country and provide more families with economic and social stability.