Profile

Some of the issues currently affecting the immigrant community are:

Notary Public (Notario)

Raids in the Workplace

If you are residing in the United States without any legal status (you entered without inspection or you have overstayed your visit) and you find yourself in an immigration raid, do not panic. ICE (Immigration and Customs Enforcement) is the agency under the US Department of Homeland Security who conducts the raids. They are doing their job and it is important that you remain calm as they approach you. First thing to remember is to cooperate with ICE. Your answers and conduct will most likely be made part of your file that will eventually be reviewed by the immigration judge who will hear your case. The judge may use the information provided to determine your bond if you are eligible to bond out. Secondly, have a contact person at work who will communicate with your family in the event that you are picked up by ICE. Thirdly, the average bond in Kansas City, MO is between $3,000 to $5,000 and is a cash bond. Make arrangements ahead of time so you know what to do in the event you or your spouse are picked up by ICE. Again, depending on the individual case, the person may be released on their own recognizes, place d on a supervise program, pay a bond or not be eligible for a bond. Fourthly, you will be placed on removal / deportation proceedings and a Notice to Appear will be issued to you or mailed to the address you give ICE. It is imperative that you provide a change of address if you move because failure to do so may result in you missing a court date and therefore self-deporting yourself for ten (10) years. Upon been released by ICE, you should contact an attorney who practices in immigration law to review your case and to represent you as necessary. Do not wait to the last minute because it will be more difficult to find representation the day before the hearing than six months prior to the hearing.

No Driver’s License

The law in Kansas is that to be issued a driver’s license you must show that you are legally present in the United States. There is a list of acceptable documents that meet this requirement and can be found at ksrevenue.org/dmvdrlic.htm. Unless you can meet the document requirement, you will not be issued a Kansas Driver’s License or be allowed to renew your expired license. Short of having a valid driver’s license, if you are stopped by the police for whatever reason do not provide the police with any type of false documentation. You may be criminally charged with obstruction, making a false writing, misrepresentation, identify theft, etc. Even carrying a pay stub showing someone else’s social security number can result in criminal charges. These are misdemeanors and felony charges that may aggravate your immigration status. You should always carry a valid identification card with you from your home country (a passport, driver’s license, visa) if you are not eligible to obtain one from Kansas.

Obtaining a Marriage License

In Kansas you have to be (1) 18 years or older (if a minor then you will need parental consent); (2) pay $50 for the license; (3) you will have a 3 day waiting period; (4) the license is good for 6 months and you can marry anywhere in Kansas; (5) either the bride or the groom may obtain the license (presence of both is not required); (6) person applying for the license must provide driver’s license or social security number; and (7) swear under oath that there is no reason why you should not marry. These are the requirements for obtaining a marriage license in Kansas but the ease of obtaining a license in Kansas may just depend on where you are applying for the license.

It appears that presently different counties in Kansas are asking treating this issue a little different. Wyandotte County will no longer issue a license without both the bride and groom’s presence (at times) or without a driver’s license AND a social security number for both the bride and groom. Other surrounding counties, however, will accept any form of photo identification AND the ITIN number (tax identification number) or a form of photo identification OR social security number (ITIN number) without much questioning.

Divorcing in the United States

If you have a pending immigration case or issues, make sure you consult an immigration attorney prior to filing for a divorce because of the consequences it may have on your immigration case.

NOTE

If you are a US citizen, you may file petitions for permanent residency on behalf of your parents, your sisters or brothers, your children or your spouse. You may also file a petition for your fiance(e).

If you are a lawful permanent resident, you may apply for your spouse or children.

If ever in doubt as to your rights, obligations or consequences, consult an attorney. This is not meant to serve as advise to you but as a reference point. Every case is unique and should be treated as such in the privacy of a consultation between the attorney and client.

The offices of Gamble Law, LLC, Rattan Law Firm, LLC, Boulton Law Firm, LLC, and Marin de Stevanov, LLC, represent clients throughout the Kansas City metropolitan areas in Kansas and Missouri, including the communities of Kansas City Kansas, Kansas City, Missouri, Overland Park, Lenexa, Leawood, Olathe, Merriam, Shawnee, Liberty, Raytown, Gladstone, Lees Summit, Grandview, Topeka, and Lawrence, Johnson County, Wyandotte County, Jackson County, Clay County, and Platte County.