Arizona Immigration Laws

601 Waiver

In the past, we had what we call a 601 waiver. Those are waivers for people that have overstayed in United States, for people that have done some little thing here and there. Those waivers require that the immigrant go back to their home country, apply there, wait for it to be done there before they can come back.

601A Waiver

In 2014, we had a different waiver, which is called the 601A. Very good waiver. It now allows for people to file for this pardon here in United States, get it approved before you go to Mexico or go to your home country. That way the families stay together before the immigrant goes for the visa in their home country. The problem with that waiver was that the hardship was only for people married to U.S. citizens. The new waiver has been– the executive action expanded that waiver such that it’s no longer just people married to United States citizens. People married to United States, family, residents can qualify. People that have children here can qualify. They can also their children to show hardship because this is a waiver that you can get when you can show that if you move back to your country that either your child, your spouse, or your parent will suffer.

Now this waiver that was only for spouses of U.S. citizens has been expanded to include the parents and the children. Again, it’s very welcome. It’s quite expansive. It allows people to kind of pay for the mistakes they’ve made, but have a second life, which is what this country’s all about.

By: Solomon Kanu

A lot of people see, whenever we do high profile cases, people say: “Oh, you’re just because they’re so famous. It’s easy.” or, “They’re so rich. It’s easy.” We also represented one of the richest man in Bolivia. You know the situation between Venezuela and Bolivia, the whole block of countries. We represent a lot of people from that part of the world. So it’s really fun and exciting, because when I was representing one of them, we heard the planes up there in the compound, because they all live in compounds. And I needed to get my client out of the country, and the planes were up there trying to arrest him. And I heard it, and it’s really scary. And I couldn’t be with my client, because I’m not there. And I couldn’t get into that soil, the foreign land. But these are all my cases that I really enjoyed, and it comes back and we have fun– now we can talk about it have fun with it. At that time it is scary. Or we have clients who got deported on the plane already. We have to stop the plane to get him out. Because once the plane leaves ground, you lose jurisdiction.

We recently have a client from a more communist-block country that, by the time his plane land into American soil at JFK, three officers from their country’s DC office embassy came to pick him up. And he didn’t have the American soil because he just landed from his country on land. He was picked up by them and luckily he had the smarts to pull the sleeve of the lady who works there, their air hostess, and the lady was smart enough to call the pilot, and the pilot came out and said, “What’s the problem?” So American immigration stopped him from being picked up by his own country national. By then the plane landed, and he was picked up and stopped in immigration jail. I had to fly to his jail and visit him and talk to his country embassy people who drove hours, and they were exhausted. It was midnight, and the American embassy people, to make sure he doesn’t get deported or excluded. So those are our fun cases. It’s scary at that time because, easily he could have been excluded from our soil and back to his home country. He’d probably be executed by now. So that case we won. It was really something. It was fun, yes. It’s great. It’s challenging.

By: Margaret Wong

E1 & E2 Visas

The E1, E2 visas are very popular visas for visitors from all around the world. There is a requirement that United States have a treaty with the country where you are applying from, but there are so many countries that United States has a treaty with. You can find that list from my website – www.kanulaw.com. We’ve done E1, E2 for people from Pakistan, from Australia, from Germany. We’ve done E1, E2 for people from Britain and we’ve done E1, E2 for people from so many countries.

Visa Popularity

It’s a very popular visa for people that have money to spend in United States. When they raise these funds, they’re able to create jobs for themselves and create jobs for United States citizens and permanent residents to the extent that their businesses flourish and are doing well. They can stay on that visa for a very long time. There’s actually no end time as long as the business is doing well. It’s a very good visa for people. Canada uses it a lot to come to the United States. Mexico also uses it to come to United States to invest and do their work. It allows people to go back and forth to their home country. It’s a very stable visa for middle income people that have some money to invest in U.S.

By: Solomon Kanu

Naturalization

Unless you were born in the United States, if you want to become a citizen, most ways would be through naturalization. So, you can naturalize after five years of permanent residency. There are a few exceptions where you are naturalized after three years: if you were married to a U.S. citizen, you got your permanent residency through a U.S. citizen, and you’ve been married to that U.S. citizen for three years. So, in a way we reward you for being consistent in your marriage. People that have served in the armed forces also get that grace to apply for citizenship in three years. But, the biggest hurdle people have in citizenship, is that some people don’t realize that when you have permanent residency in U.S., you’re actually on probation for five years. You can’t do anything. You can’t make any mistakes. You can’t commit crimes. So, when people commit crimes within those years, they run a risk of their permanent residency being taken away. If that doesn’t happen, when they come for citizenship, that is when all those things come out.

Preparing for Citizenship

We want to know who you are, how you’ve behaved, whether your moral character is good enough for us to make you a U.S. citizen. All these issues come up at the time of citizenship. There are questions to be answered. We prep people for that. When people pass my test, they always pass at the immigration level, because I’m very thorough. I want to make sure that you do well, while you’re in my office. I go with people to the interviews. Whether it is a permanent residency interview, or the citizenship interview, I always go with my clients, because I have a stake in what they are looking for. I want to make sure that they do well. I feel happy when they succeed. That way, the money they paid me has value for them, beyond just paying for a lawyer.

Receiving United States Citizenship

So, naturalization is one thing that gives people so much joy. When you look at the last words of our national anthem, it said that this is the land of the free, but is a home for the brave. If you’re going to live in this country, you’re going to have to become brave. That’s why I take people to citizenship interviews, to teach them how important it is to become naturalized citizens. Get to vote, get to be voted for, and do federal government work, live anywhere in the world without any fear of coming back to United States. It is such a glorious step to be a U.S. citizen.

By: Solomon Kanu

Hey, My name is Margaret Wong and I’m an immigration lawyer and I came to America in ’69. I was born and raised in Hong Kong. I went to an all girls, religious school since kindergarten. I came in ’69 with– right at the height of the Vietnam era with the kids in America against the Vietnam War, but never in my wildest dreams that I see what I’m doing now because in ’77 immigration work is not very hot. It’s very much like criminal work, very much like– it’s nothing compared to estate, tax, corporate where all lawyers want to work.

I turned out to be a great lawyer. That’s my passion. That’s my love.  But things really have changed. Years ago the same people don’t use the same lawyers like Middle East people they don’t like to go to Australian lawyer or Arabic lawyer because they their own people are not that people are not that powerful in America. But now things have changed. Because I speak fluent Chinese, we have a lot of Chinese clients coming to us because they just felt I’m one of them.

Also, because I speak the language of a foreign-born because I’m one. I came. I struggled. I was a chambermaid. I was a waitress. I was– you name it, I’ve done it. I cleaned toilets. I’ve done– I’m also the first one– normally the first one who comes into this office, turn on the light. I’m normally the last one to leave the office, turn off the light. It’s really a lot of fun.  Some highlights of this job. When we first started out– because in those day, there’s no 245-I. There’s no three or ten year bar. So people have no papers, they could still get the green card in America. But now they can’t. They have to go back to home country if they were not admitted or inspected or paroled.

To be a great lawyer you really have to know today’s world. You can’t always say, “yeah, but 30 years ago has happened.” Immigration law changes by the day, by the minute, by the hour. The Morton Memo who came out in November of year 2011, 2012. Now he retired and resigned. Homeland Security had mister– Miss Janet Napolitano also resigned. Now we’re working with a new head. These are things that we have to keep up, keep up, keep up.

By: Margaret Wong

We have done a lot of cases through the years, because every year we do 4,000 to 6,000 new matters that includes all our consults, our cases around the country, around the world, and all the work permits we got, the deportation, the filings, the asylum, the green cards, the extraordinary.

There are quite a few cases that came back to my mind. One of that is U.S. sitting president, President Obama’s auntie’s case. She’s a woman in the 60s. I met her right before the election of the president, and because of the press– I mean, at that time we don’t know if he’ll win. We are very careful of not letting the public know that I’m working on this case. She’s really an awesome lady. Of course, my partner talked about my firm, or also working with the uncle’s case. Uncle and auntie are so different even though genetically they belong in the same family. Uncle’s a lot more reserved, a lot more– He’s very gentle. Auntie is very more feisty and making sure that things are done right. So it’s two different personalities, and I said through the years, to work with clients you have to work with them on their– because immigration work is very different from corporate or tax.

Because the vision of course is keep them in America, get them a work permit, and get them a green card.   But you also have to work with that person. It’s a very retail, as I said in the industry. It’s not a wholesale practice. It’s a very retail orientated which means that with her, with the public uproar, did we get special treatment? Absolutely no. In fact, it drove me nuts. It’s easier to work on a low profile case than a high profile, because I know all my lawyer, federal friends are watching me. I know the government is watching. I know the right wing, the left wings, they are all watching. In order to be a good lawyer or a great lawyer, you really have to work in the trenches for years, and years as Blackwell said in The Outliers that you have to give them at least 10,000 hours of core competence of hard work. And I’ve done it for 38 years, 36 years.

So but with auntie’s case we won which is– Auntie’s case, it’s difficult because of the pressure, because of the disability, and also because of the law. She didn’t come to America until the 90s. In Immigration work, generally, the older you came to America– I mean, the longer ago you came to America, the better the case is, because laws have since changed. So and I’m the type of lawyer to work it, because I’m not young enough to not know history, but I’m not that old that I forgot.

By: Margaret Wong

Family Immigration

Family immigration is one of my favorite areas because it brings families together. It deals with parents filing for children, children filing for parents, spouses filing for each other, siblings filing for fellow siblings. In some situations, even step-parents filing for their children. It does bring families together.

Kanu & Associates

We’re very knowledgeable this area of immigration and we do this very well. If you’re thinking of coming to United States or you’re already in United States, you were even born in United States, but you want to bring your parent or your brother, your sister to United States, we will help you. That’s what we love to do. That’s what we have passion for. We’ve been successful in the past and we’ll help to bring the families together.

By: Solomon Kanu

By: Solomon Kanu

I want to talk to you about the EB-11 or Extraordinary Abilities Visa. The EB-11 Visa is available to any immigrant who can demonstrate that they are at the top of the field of endeavor, and have extraordinary abilities in almost any profession or career. There are two ways to prove that you have extraordinary ability.

The first is to demonstrate that you have received a major internationally recognized award in the field such as the Nobel Prize. The second is to provide evidence that meet at least three out of ten criteria set forth by immigration regulations such as having judged the work of others in the field, authored scholarly publications, or produced an original contribution of major significance to the field.  An immigration officer will then conduct a Final Merits Determination where they consider the entire petition and determine whether or not you have achieved national or international acclaim, and that your achievements are recognized in the field.

There are many benefits to this type of immigration Visa classification. For example, EB-11s have the ability to self-petition. Meaning they do not need an employer to sponsor them. They can also bypass the burdensome labor certification process. If you think you might qualify as an individual with extraordinary ability, you should contact an experienced immigration attorney to help with this complex case. The passion of our staff can’t be beat. We share your joy and we share your tears. We understand that immigration practice is more about winning or losing cases. It’s about changing lives.

By: Marisela Marquez