Immigration and Criminal Law / Detainees Archives - Page 2 of 8

11 08, 2019

H-1B Visas Make News in the Courts

By Richard Hanus|2020-05-01T14:22:38-05:00August 11th, 2019|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Immigration and Criminal Law / Detainees, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published August 24, 2019 D.C. Federal Court Reverses H-1B Visa Petition Denial In the past week, a federal judge in Washington D.C. ruled that the U.S. Department of Homeland Security/Citizenship and Immigration Services (US CIS) must reverse its decision denying an H-1B visa petition filed on behalf of a data analyst by Lexis Nexis, a legal publishing company. The court concluded that the petitioning employer, Lexis Nexis USA, presented sufficient evidence to demonstrate that the position qualified as a “specialty occupation” and thus was approvable for classification for H-1B visa status. U.S. District Judge Emmet G. Sullivan ruled that US CIS [...]

25 07, 2019

Expedited Deportation for Undocumented Recent Arrivals

By Richard Hanus|2020-05-01T14:26:47-05:00July 25th, 2019|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 24, 2019 The number of foreign nationals living in the U.S. in violation of our immigration laws is estimated to be in the area of 12 million. Whether they overstayed their visa status or entered without any visa or inspection at all, these are the individuals our society deems “undocumented”, or in some circles, “illegal aliens”. No matter the label, the vast majority of these individuals have a right to a hearing before a judge where a variety of defenses can be considered, including cancellation of removal (for longtime undocumented residents with qualifying U.S. family) and asylum. Among the [...]

29 06, 2019

Deporting Millions, Deporting 2,000 – Same Thing

By Richard Hanus|2020-05-01T14:35:34-05:00June 29th, 2019|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published June 29, 2019 On June 17, 2019, President Donald Trump tweeted one of the scarier official presidential communications I have heard in my lifetime: “Next week ICE will begin the process of removing the millions of illegal aliens who have illicitly found their way into the United States. They will be removed as fast as they come in. Mexico, using their strong immigration laws, is doing a very good job of stopping people.......” Once I read this, I was trying to figure out exactly what that meant. I know there are approximately 12 million foreign nationals residing in the U.S. [...]

2 05, 2019

Smoking Marijuana May Be Hazardous to Your Immigration Health

By Richard Hanus|2020-05-01T15:35:05-05:00May 2nd, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published May 2, 2019 A lawful permanent resident (green card holder) seeking to become a U.S. citizen must fulfill a number of requirements when submitting their Application for Naturalization and in order to be approved to take the oath of U.S. citizenship. In addition to a requisite number of years of permanent residence and physical presence in the U.S., an applicant for naturalization must demonstrate that he/she is of “good moral character” and for a specified period leading up to their application. Now, according to a new policy memo issued by the Department of Homeland Security/Citizenship and Immigration Services [...]

22 04, 2019

Increased Powers to BIA Judges; H-1B Visa Denials Skyrocket

By Richard Hanus|2020-05-01T15:36:59-05:00April 22nd, 2019|Categories: Asylum in the United States, Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Green Cards, Immigration and Criminal Law / Detainees, Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published April 22, 2019 Department of Justice Aiming to Expand Powers of Appellate Immigration Judges The Board of Immigration Appeals (BIA) is the appellate body where a party can seek review of an Immigration Judge’s decision in an initial removal (deportation) proceeding. The agencies overseeing the initial removal proceedings court as well as the appellate court are under the jurisdiction of the Executive Office of Immigration Review, which itself is a sub-agency of the U.S. Department of Justice. In recent days, it has been reported that the Trump administration is considering implementation of a plan to expand the power of […]

24 03, 2019

The Top 6 Reasons to Hire An Immigration Lawyer

By Richard Hanus|2020-05-01T15:42:07-05:00March 24th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, immigration reform, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published March 24, 2019 Whether the goal is U.S. citizenship via naturalization, lawful permanent residence (green card) or the issuance of a temporary visa – such as a work visa, having an immigration lawyer be a part of the legal process can sometimes be extraordinarily helpful and in other times, absolutely essential. The job of the immigration lawyer can best be summed up as follows: A) to keep simple, straightforward cases…..simple and straightforward, B) to devise and implement a thoughtful strategy for cases involving more complex factual or legal issues and C) to provide a client with the type of […]

10 01, 2019

How Are Immigration Related Services and Offices Impacted By the Government Shutdown?

By Richard Hanus|2020-05-01T15:51:06-05:00January 10th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, United States Embassies Abroad|

Published January 10, 2019 As our nation is headed toward the longest government shutdown in our history, many of the players impacted, including companies petitioning foreign workers as well as individuals in all our immigrant communities, are asking questions about how the shutdown impacts immigration system related processing. Can I obtain a U.S. passport? Is my Green Card application interview in the U.S. still going to be conducted? Can I still apply for a visa at a U.S. consular post abroad? These and other questions are answered below – and with the answer usually dependent on whether the applicant is […]

28 11, 2018

What is a Conviction for Immigration Purposes?

By Richard Hanus|2020-05-01T15:57:50-05:00November 28th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published November 28, 2018 Foreign nationals who are the subject of a criminal arrest or charges must take proper care to make informed decisions when it comes to consideration of plea deals being offered by the prosecuting entity. That is because convictions for certain crimes may negatively impact the individual’s immigration status in one way or another. In addition to which crimes may lead to negative immigration consequences, foreign nationals must also pay attention to whether the plea deal leads to a “conviction” for immigration purposes, and regardless of how the criminal court may label it. Foreign nationals who plead […]

29 07, 2018

DHS Looks to Revoke U.S. Citizenship for Those Improperly Approved

By Richard Hanus|2020-05-01T16:17:53-05:00July 29th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published July 29, 2018 It is well known that a lawful permanent resident can be subjected to removal proceedings in the event they commit a deportable offense, or were improperly granted their residence in the first place due to some misrepresentation or fraud in their application. Less well known or common are proceedings to revoke a foreign born individual’s naturalization as a U.S. citizen. Examples of the rare cases of denaturalization that have gained wider attention over the years are those involving foreign nationals who concealed during U.S. immigration processing their involvement with Nazi war crimes during World War […]

12 07, 2018

US CIS Now More Active in Placing Denied Applicants in Removal Proceedings

By Richard Hanus|2020-05-01T16:20:58-05:00July 12th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 11, 2018 Under a new policy guidance memo released by U.S. Citizenship and Immigration Services (US CIS) earlier this month, the agency will now be taking a more active role in initiating removal proceedings against denied applicants. Applicants for permanent residence, naturalization, change of status or other immigration benefits now will be more vulnerable to being placed in removal proceedings if they are deemed ineligible for the benefit sought and are in the U.S. in violation of immigration laws. Pursuant to the new guidance, US CIS is required to issue a Notice to Appear (NTA) – the […]

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