The Law Offices of Robert Nadalin

Basic Information Critical To Lawfully Remaining In The United States


What Do All Persons On A Temporary Visa Status Need To Know About The I-94 Document?

If you are not a U.S. citizen or lawful permanent resident, please visit: https://i94.cbp.dhs.gov/I94/#/home to download your new I-94 document after every return to the U.S. from abroad. International travel often results in the issuance of a “short” I-94 document reducing the lawful period one may remain in the U.S. The I-94 document issued last in time controls lawful status in the U.S. – not your passport, visa stamp, or USCIS approval notice. Reasons for receiving a “short” I-94 document granting less time than anticipated include having a passport expiring prior to the period of stay requested or a mistake by the inspecting officer. Penalties for overstaying the time permitted under the most recent I-94 document can include the invalidation of a passport visa stamp, unlawful presence penalties that can require a person to remain outside of the U.S. for a period of 10 years or longer, and possibly removal (deportation) proceedings.

Additional special rules may apply to I-485 adjustment of status applicants (persons in the last step of the lawful permanent residence/ green card process).

Is It True That A Non-Citizen Can Be Deported For Not Reporting A Change Of Home Address?

Yes, pursuant to Immigration and Nationality Act Section 265 all non-citizens must report a change of home address within 10 days of moving. This can be done by filing an AR-11 form by mail or on-line via the USCIS website at: https://www.uscis.gov/ar-11 . This requirement continues to apply through the time a person becomes a U.S. citizen. An intentional failure to file an AR-11 is a deportable offense.

Are Non-Citizens Required To Carry Their immigration Documents With Them At All Times?

Non-citizens are required to carry the documents confirming their lawful immigration status with them at all times, even when traveling inside the U.S. This means that a lawful permanent resident should always have their “green card” with them. A non-immigrant visa holder (persons in the U.S. on a temporary status) should carry their passport and I-94 document with them. The law states that this should be the original document, although some persons carry photocopies of these documents out of fear of losing the original document(s) through the hustle and bustle of daily life.

Pursuant To Recent Changes In State Laws, Residents of 28 U.S. States May Use Marijuana For Medicinal, and In Some States Recreational Purposes. Do These Laws Extend These Same Freedoms To Non-Citizens?

The changes in state laws noted above have not changed U.S. Federal law, which remains controlling under the “supremacy clause” of the U.S. constitution. Under Federal law, marijuana remains a “Schedule 1” drug, which is the most tightly restricted category. Admitting to its use or possession can render a non-citizen ineligible to obtain a visa or to enter the U.S. With a limited “single offense” exception, even U.S. lawful permanent residents can be deported for actions that the use or possession of marijuana that would otherwise be permitted under a state’s

For more information on Lawfully Remaining In The United States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (619) 677-5355 today.

The Law Offices of Robert Nadalin

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