New York City Immigration Lawyer. NYC immigration lawyer assisting with K-1 fiancee visas, EB 1-A Extraordinary Abilities Visa, EB 1-2 Outstanding Researchers and Professors Visa, and all other visas, green cards, naturalization and citizenship. Gafner Law Firm is a full service NYC immigration law firm serving clients in Manhattan, Staten Island, Brookyln, the Bronx, Queens, Nassau County, Suffolk County, Westchester County, Yonkers, Astoria, Greenpoint, Murray Hill, Bushwick, Park Slope, Bay Ridge, Brighton Beach, Brownsville, Corona, Harlem, SoHo, Tribeca, Longwood, Hunts Point, Flatbush, Brooklyn Heights, Wall Street, Jersey City and from throughout the world. » Border

Adjustment of Status While Overseas?

Chris Gafner — Mon, 12 Dec 2011 16:14:32 +0000

Travel while adjusting status must be done in accordance with stringently enforced restrictions (i.e. advance parole, in certain nonimmigrant visa statuses, etc). However, if done correctly, traveling while adjusting status is not an uncommon occurrence.

So what happens if you are traveling overseas when your AOS application is approved? According to recent Customs and Border Protection commentary, a person should provide the approval notice of the adjustment of status application to the immigration official at the air port or border. If the individual is able to provide the approval notice, and the CBP is able to verify the AOS approval in their systems, the CBP will allow the entry applicant to enter as a permanent resident.

Of course, there is no assurance that an individual immigration official will know the CBP’s policy. Contact a knowledgeable customs and border immigration lawyer before trying to enter the United States in an uncommon situation.

Transportation Checks Halted Along Northern Border

Chris Gafner — Mon, 14 Nov 2011 12:07:46 +0000

The Customs and Border Protection (CBP) agency has recently stopped performing “transportation center” checks along the northern border. Previously, the CBP often stopped and questioned individuals riding trains and buses that were within 100 miles of the border. Almost always, the trains and buses that were stopped were not crossing the border. Instead they were stopped because they were within 100 miles of the border. These stops were argued to be necessary because immigrants entering without authorization would try to get away from the border by bus or train. However, statistics show that only about 1% of those detained had actually crossed the border in the prior 72 hours.

The Immigration Pearls of Facebook (and Texting)

Chris Gafner — Mon, 17 Oct 2011 13:09:23 +0000

These days most people find out about their friends’ engagements through Facebook. It is posted on the wall and followed by many likes and posts of congratulations. No big deal, right? But what if you are a foreign national studying in the United States? Or working temporarily in the United States? Or coming for a short visit to celebrate your engagement?

That innocuous engagement notice may not be so innocuous to an immigration official. Instead immigration officials may believe that the foreign national intends to stay in the United States permanently and have ”immigrant intent.” If a foreign national is believed to have immigrant intent it is likely that he or she will be denied entrance into the United States.

It is important not to lie to the immigration agency. However is important to realize that the immigration agency can (and will) Google applicants, check their Facebook page, and ask to review an applicant’s cell phone messages (both voice and text messages). Additionally, immigration officials may infer the worst-case scenario for text or voice messages. For example, a recent applicant into the United States had a text message wishing him “good luck” on his cell phone. An immigration official somehow inferred from that text message that the applicant was seeking to find a job in the United States. The applicant was denied permission into United States. Want another example? How about the foreign national visiting her new American boyfriend – after reviewing their text message exchanges, the immigration official concluded that the romance was certain to result in marriage and that the girlfriend should not be allowed to enter the United States.

Hopefully these examples are extremes. However, if you plan to visit the United States, change status within the United States, or apply for a visa to the United States, do yourself a favor and Google yourself, know what your Facebook page says, and know what is on your cell phone messages and in your computer. If there is something that is potentially adverse to you – you will know about it, and will be able to confront an immigration official’s fears head on.

Travel Warning to Noncitizens Traveling Near Northern Border

Chris Gafner — Tue, 31 Aug 2010 10:23:00 +0000

The New York Times recently ran an article that highlights a concern that many New York immigration lawyers have been aware of for many years. Most people know that the Customs and Border Protection (CBP) agency is responsible for maintaining the border crossing integrity of the United States. However, in an effort of maintaining border integrity, the CBP often questions individuals who are already in the United States but are within 100 miles of the border.

This policy has resulted in the CBP often asking individuals to provide immigration documents while on trains, at bus stations or even driving while within 100 miles of the border. The article highlights the downsides of the CBP’s policy. Namely, many believe the questioning amounts to racial profiling and police state tactics.

Noncitizens without readily transparent documentation should read the article and take appropriate steps if they plan to travel within 100 miles of the border.

Building Walls Between Our Neighbors

Chris Gafner — Wed, 09 Jun 2010 11:48:22 +0000

The “Let’s build a Wall” debate is center stage in the discussion surrounding Comprehensive Immigration Reform. A secondary story to that debate is the destructive effect that “enhanced” border security is having on the communities along the Northern border. For hundreds of years, Canadians and Americans have developed towns, cities, and communities along the border. These communities do not just touch each other at the border – but extend to both sides of the border. Communities have relied on neighbors from both sides to provide medical, emergency and general, neighborly support to each other.

Now, with the “enhanced” border security measures being put into place, many of these communities are being torn apart. The latest example is the closing of the Morses Line crossing by the Department of Homeland Security. Now, neighbors who want to see each other will be required to travel nearly 40 minutes out of their way. How long will that two hundred year old community last? How many less international friendships will be formed because of the measure? International diplomacy starts at the individual level.

Arizona Governor Ready To Spend Money Fighting Federal Government In Court

Chris Gafner — Wed, 02 Jun 2010 19:45:44 +0000

Arizona Governor Brewer has told CNN that she is ready to “meet [the Federal Government] in Court” if it decides to bring court proceedings against the state. Governor Brewer, with a sense of arrogance, stated that she has a pretty good record in court. Unfortunately for Governor Brewer, and the rest of the Arizona populace, she doesn’t get the point that the court battles that the state is going to have to fight to even have this law enforced are going to come with a very large bill for legal fees.

In this time of austerity, perhaps Governor Brewer should take the time to think what is best for the state of Arizona and not spend millions of dollars needlessly.

HIV Ban is Officially Gone

Chris Gafner — Thu, 07 Jan 2010 14:36:15 +0000

For years the United States has stood alone in banning individuals with HIV from entering the United States. This ban has caused significant hardship for relatives of U.S. citizens and many others. Last year, the ball started rolling for the removal of the ban and, as of last Monday, the ban is no more.

Now the United States is in line with the world community. About time.

New York Immigration Statistics for Fiscal Year 2009

Chris Gafner — Fri, 04 Dec 2009 11:09:57 +0000

The Customs and Border Protection Agency (CBP) recently released statistics about its operations at the 17 New York land border entry points. According to the CBP, “21.3 million passengers, 8.2 million autos, 1.4 million trucks and 41,660 buses” entered the United States during the 2009 fiscal year. Of those 21.3 million passengers, 19,000 travelers were apprehended as “inadmissible travelers.” Additionally, 42 fraudulent documents were seized and 75 travelers were apprehended after making false claims of U.S. citizenship.

Please visit the CBP website for the complete report.