Law Office of Mary Carstarphen

09/07/2022

The attorneys at the Law Office of Mary L. Carstarphen LLC can assist you with a wide range of immigration cases:

90-Day Fiancé Visa
Family based Immigration
Adjustment of Status
Asylum
Removal Defense
Green Cards
Temporary Protected Status
Naturalization
R-1 Religious Visas
Lack of attention to detail or minor omissions can delay or derail efforts to immigrate.

You need an experienced, knowledgeable immigration attorney to work for you and protect our rights.

01/27/2020

Looking for a typist that can type at least 60 to 70 words per minute, looking for someone that has skills and that has basic typing skills.

07/23/2019

Big news! USCIS has released another policy memorandum that potentially could have a big impact on immigration applications. Under the new policy, USCIS officers will have more authority to deny a case that is submitted without all of the required initial evidence instead of issuing a request for evidence. You can learn more at:

Today we posted a policy memorandum that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (R

07/23/2019

The Immigration Law Office of Mary L. Carstarphen can assist you with a wide range of immigration issues, including:

Family based immigration services
Asylum
Removal Defense
Green Cards
Temporary Protected Status
Naturalization
Labor certification for exempt occupations

Sloppy work or a lack of attention to detail can delay or derail your efforts to achieve your objectives. You need an attorney who is experienced, know the immigration laws, and perform precise work on your behalf. In addition, you need attorneys who have painstakingly developed professional relationships throughout the legal community, thereby having reliable resources at their fingertips and trusted associations with colleagues. Attorney Mary Carstarphen is uniquely qualified to counsel clients regarding immigration concerns.

07/18/2019

There is a procedure for bonding out and release of individuals on their own recognizance except for those requiring mandatory detention due to criminal or terrorist grounds listed in INA § 236(c)(1), 8 U.S.C. § 1226(c). There is a minimum bond of $1,500. At times the Attorney General may allow conditional parole, which may be revoked at any time.

ICE determination of whom and under what condition has to be followed.

It is the local ICE office makes the preliminary custody and bond determination.

For the individual to be released he or she "must demonstrate to the satisfaction of the officer that such release would not pose a danger to property or persons, and that the alien is likely to appear for any future proceeding."

The factors generally considered in making the decision to set bond or release the individual are as follows:

Local family ties;
Financial ability to post bond.
Manner of entry and length of time in the United States;
Prior arrests, convictions, appearances at hearings;
Membership in community organization;
Immoral acts or participation in subversive activities;


Priorities for the apprehension, detention. and removal of aliens

Priority 1. Aliens who pose a danger to national security or a risk to public safety

Level I offenders: aliens convicted of"aggravated felonies," as defined in § IOI{a){43) of the Immigration and Nationality Act, or two or more crimes each punishable by more than one year. commonly referred toas "felonies";

Level 2 offenders: aliens convicted of any felony or three or more crimes each punishable by less than one year, commonly referred to as "misdemeanors"; and

Level 3 offenders: aliens convicted of crimes punishable by less than one year.

Priority 2. Recent illegal entrants

In order to maintain control at the border and at ports of entry, and to avoid a return to the prior practice commonly and historically referred to as "catch and release," the removal of aliens who have recently violated immigration controls at the border, at ports of entry, or through the knowing abuse of the visa and visa waiver programs shall be a priority.

Priority 3. Aliens who are fugitives or otherwise obstruct immigration controls

If the bond is too high can ICE's custody or bond determination can be requested and a hearing will follow.

In most cases a bond redetermination by an Immigration Judge can be requested at any time until a final order. The request for redetermination may be made orally or in writing or telephonically, if permitted by the judge.

The Immigration Judge does not have to power to grant a bond redetemination in certain instances.
1. In cases of "arriving aliens" (means “an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international or United States waters and brought into the United States by any means, whether or not to a designated port-of-entry. An arriving alien remains an arriving alien even if paroled pursuant to section 212(d)(5) of the Act, and even after any such parole is terminated or revoked.)

2. If the person is “described in” the terrorism and security related ground of deportability.

3. Individuals subject to mandatory detention;

4. Individuals in exclusion proceedings; and

5. Individuals who already have a final administrative orders of removal.

However, the immigration judge still has the power to review whether ICE properly decided that the individual does in fact belong to one of these groups.

Once released from custody the individual may challenge the conditions of release.

If the individual released wants to lower the bond or otherwise modify the conditions of his or her release, may file a request to change the terms of release with the Immigration Court within seven days of release. After the 7 day period has expired, the individual may still ask ICE directly to reconsider the conditions of release. If ICE refuses to reconsider, an appeal of ICE's decision can be made directly to the BIA within 10 days of ICE's decision.

07/16/2019

If ICE agent knocks on your door. Know this: We don't have to open the door if ICE comes knocking. If the agents don't have a warrant signed by a judge, then we can refuse to let them in. We have the right to remain silent. And we shouldn't sign anything before speaking to a lawyer.

ICE raids are nothing new. But for over two years now, the Trump administration has been terrorizing our communities at a new level – tearing thousands of families apart, spreading fear and hate. If this isn't the kind of country we want to live in, then we must keep fighting to defend our communities.

The best way to fight back? Know your rights. And help your family, friends, and neighbors to know theirs.

Spread the word on Facebook and Twitter so we all know what to do if ICE shows up. Our communities are diverse, so we've translated our guide to 8 languages that encompass most of the undocumented population.

Thanks for taking action.

07/03/2019

U.S. District Judge Marsha Pechman called Attorney General William Barr's order denying bond hearings to some migrants "unconstitutional."

07/03/2019

Refugees stranded across the border from Brownsville endure interminable delays, leading some — like the father and daughter who drowned last Sunday — to brave the Rio Grande.

06/28/2019

Share and like our page and recommend us to a friend also don't forget to leave some reviews on our page thank you guys so much we have had an overwhelming amount of people like our page and support us!!!! Keep on sharing and getting the word out that there is an immigration attorney in Etowah County!! We can't wait to start helping everybody's immigration needs not just in Alabama but Nationwide, we're licensed to obtain clients from all over the United States!!!

06/26/2019

Naturalization Fact Sheet
The United States has a long history of welcoming immigrants from all parts of the world. During the last decade, U.S. Citizenship and Immigration Services (USCIS) welcomed more than 7.4 million naturalized citizens into the fabric of our nation. In fiscal year 2018, over 757,000 people were naturalized.

Deciding to become a U.S. citizen can be a very important milestone in an immigrant’s life. Individuals must demonstrate a commitment to the unifying principles that bind us as Americans and, in return, will enjoy many of the rights and privileges that are fundamental to U.S. citizenship.

About the Naturalization Process

Individuals age 18 or older seeking to become a citizen of the United States may apply for naturalization by filing an Application for Naturalization, Form N-400. The N-400 application is one of the forms available for online filing. To be eligible for naturalization, an applicant must fulfill certain eligibility requirements set forth in the Immigration and Nationality Act (INA).

These general eligibility requirements specify that the applicant must:

Be at least 18 years of age;
Be a lawful permanent resident (green card holder);
Have resided in the United States as a lawful permanent resident for at least five years;
Have been physically present in the United States for at least 30 months;
Be a person of good moral character;
Be able to speak, read, write and understand the English language;
Have knowledge of U.S. government and history;
Demonstrate attachment to the principles of the Constitution and well disposition to the good order and happiness of the United States; and,
Be willing and able to take the Oath of Allegiance.
Special naturalization provisions exempt certain applicants from one or more of the general requirements for naturalization. Spouses of U.S. citizens and members of the military constitute the main categories of individuals who are exempt from some of the general requirements for naturalization.

Individuals who apply for naturalization as spouses of U.S. citizens may be eligible do so three years after being admitted as lawful permanent residents, rather than the five years prescribed under the general provisions.
Spouses of U.S. citizens stationed abroad may not be required to meet any particular residence or physical presence requirement.
Members of the military who served honorably during certain periods of conflict may be eligible for naturalization even though they have not been admitted as lawful permanent residents and even if they are under the age of 18.
Members of the military who served honorably for at least one year, at any time, and apply for naturalization within a certain time after their military service, are also exempt from the general residence and physical presence requirements.
All persons filing an Application for Naturalization who have submitted a complete application along with all required documents will be scheduled for an interview with a USCIS officer. Those applicants found qualified are scheduled for an oath ceremony before a judge or an officer delegated the authority by the Director of USCIS to administer the Oath of Allegiance. Applicants do not become U.S. citizens until they have taken the Oath.

Naturalization Statistics[1]

Since 2009, USCIS welcomed approximately 620,000 to 780,000 citizens each year during naturalization ceremonies across the United States and around the world.
In FY 2018, 73 percent of all naturalized citizens resided in 10 states (in descending order): California, Florida, New York, Texas, New Jersey, Illinois, Massachusetts, Virginia, Pennsylvania, and Washington.
In FY 2018, the leading metropolitan areas of residence were New York-Newark-Jersey City, NY-NJ-PA (15 percent), Los Angeles-Long Beach-Anaheim, CA (7.8 percent), and Miami-Fort Lauderdale-West Palm Beach, FL (7.3 percent).
In FY 2018, the top countries of origin for naturalization were in the following descending order: Mexico, India, Philippines, Cuba, and People’s Republic of China.
The INA also provides for the automatic acquisition of U.S. citizenship or naturalization of children who are under the age of 18.

A child under the age of 18, who is a lawful permanent resident residing in the United States in the legal and physical custody of a U.S. citizen parent, may automatically acquire U.S. citizenship. To obtain evidence of U.S. citizenship, an Application for Certificate of Citizenship, Form N-600, must be filed on behalf of the child.
A child who is residing abroad and who is temporarily present in the U.S. based on a lawful admission, may be eligible to naturalize while under the age of 18 if he or she has at least one parent who is a citizen of the United States, and if the parent (or qualifying grandparent) meets certain physical presence requirements in the United States through Form N-600K.
There are exemptions benefiting children of active-duty members of the military stationed abroad on their service member parent(s)’ orders in Form N-600K.
For additional information about USCIS and its programs, visit

U.S. Citizenship and Immigration Services (USCIS) is a component of the United States Department of Homeland Security (DHS).