Removal / Deportation Proceedings and Court Hearings Archives - Page 10 of 14

9 03, 2013

Who Ends Up in Removal Proceedings?

By Richard Hanus|2013-03-09T09:35:21-06:00March 9th, 2013|Categories: Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|Tags: criminal arrest, criminal background, criminal sentence, denied application, denied asylum, renewal, traffic stop, Travel in the U.S.|

By: Richard Hanus, Esq. Published: March 9, 2013 With over 11 million+ undocumented individuals living in the U.S. and only a fraction of that population currently the subject of removal proceedings, a commonly asked question is: how does one become unlucky enough to end up under the radar of immigration authorities and placed in removal proceedings? Firstly, the vast majority of folks in the U.S. without immigration status generally evade detection, and that’s because, they generally steer clear of criminal activity. If you are in the U.S. living and working without immigration status (which, by the way, is not criminal behavior), and are otherwise abiding by our nation’s laws, there is […]

19 02, 2013

Approvals Continue for DREAMERS: Deferred Action/Employment Authorization Processing for DREAM ACT applicants

By Richard Hanus|2013-02-19T11:31:00-06:00February 19th, 2013|Categories: Deferred Action for Childhood Arrivals (DACA), Employment Authorization / Work Cards in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: applications, complicating factor, criminal arrest, demographic, DREAM Act, fingerprinting process, pending removal proceedings, processing time frame, proposed legislation|

Published: February 19, 2013 As of February 19, 2013, more than 438,000 Deferred Action for Childhood Arrival (“DACA”) applications have been received by U.S. Department of Homeland Security. DACA applicants are also known as “DREAMERS” since they make up the demographic that would presumably benefit from previously proposed legislation known as the DREAM Act – i.e. young adults brought to the U.S. as children and who have remained in the U.S., through no fault of their own, for an extended period. The vast majority of DACA applicants have been scheduled for, or have completed, their biometric fingerprinting process. Importantly, to this […]

14 12, 2012

Approvals Continue for DREAMERS: Deferred Action/Employment Authorization Processing for DREAM ACT applicants

By Richard Hanus|2012-12-14T08:39:20-06:00December 14th, 2012|Categories: Deferred Action for Childhood Arrivals (DACA), Employment Authorization / Work Cards in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|Tags: biometic fingerprinting process, dreamers, proposed legislation|

Published: December 14, 2012 As of December 13, 2012, more than 350,000 Deferred Action for Childhood Arrival (“DACA”) applications have been received by U.S. Department of Homeland Security. DACA applicants are also known as “DREAMERS” since they make up the demographic that would presumably benefit from previously proposed legislation known as the DREAM Act – i.e. young adults brought to the U.S. as children and who have remained in the U.S., through no fault of their own, for an extended period. The vast majority of DACA applicants have been scheduled for, or have completed, their biometric fingerprinting process. Importantly, to this […]

1 12, 2012

DEFERRED ACTION AND EMPLOYMENT AUTHORIZATIONS CONTINUE TO BE APPROVED FOR “DREAMERS”

By Richard Hanus|2012-12-01T10:23:47-06:00December 1st, 2012|Categories: Deferred Action for Childhood Arrivals (DACA), Employment Authorization / Work Cards in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: biometric fingerprinting process, conviction, DACA, Deferred Action for Childhood Arrival, DREAM Act, dreamers, driving under the influence, immigration court order, insignificant misdemeanor, removal proceedings, young adults|

Published: December 1, 2012 As of November 15, 2012, a total of almost 300,000 Deferred Action for Childhood Arrival (“DACA”) applications have been received by U.S. Department of Homeland Security. DACA applicants are also known as “DREAMERS” since they make up the demographic that would presumably benefit from previously proposed legislation known as the “DREAM Act” – i.e. young adults brought to the U.S. as children and who have remained in the U.S., through no fault of their own, for an extended period. The vast majority of DACA applicants have been scheduled for, or have completed, their biometric fingerprinting process. Importantly, […]

12 11, 2012

Obama Victory = Comprehensive Immigration Reform?

By Richard Hanus|2012-11-12T09:09:45-06:00November 12th, 2012|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), Employment Authorization / Work Cards in the U.S., 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.|Tags: comprehensive immigration reform, DREAM Act, Hispanic Vote, Obama, path to legalization, Romney|

Published: November 12, 2012 According to many of our nation’s leading pundits and political commentators, it was the “Hispanic Vote” that made President Obama’s reelection possible. What exactly is the “Hispanic Vote”? It seems to have a variety of meanings, although the common theme would be that it is the demographic composed of U.S. citizens with origins in Mexico and Central and South America. President Obama won an overwhelming majority of this segment of our electorate, and no doubt that was as much as result of what President Obama made clear he stood for, as it did with what Candidate Romney’s […]

3 11, 2012

Battered Spouses and Immigration

By Richard Hanus|2012-11-03T09:06:33-05:00November 3rd, 2012|Categories: Conditional Permanent Residence Based on Marriage, Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|Tags: abusive U.S. citizen, Battered Spouses, Cancellation of Removal as a Battered Spouse, extreme hardship, foreign nationals, good faith, good moral character, I-360 Battered Spouse Self Petition, I-751 waiver request, Immigration Court, Joint I-751, physical abuse, physical or extreme mental abuse, protected class|

Published: November 3, 2012 The battered spouse, whether a man or woman, is a protected class in the world of immigration law. Sensing that foreign nationals who marry U.S. citizens or residents can become vulnerable to the U.S. spouse’s physical or extreme mental abuse, Congress enacted a variety of laws aimed at protecting these foreign nationals. These laws create avenues for the foreign national to obtain U.S. resident status, no matter the cooperation or support of the abusive U.S. citizen. The avenues are available in the following contexts: I-360, Battered Spouse Self Petition (for those not yet issued a green card): […]

1 10, 2012

“Long Term Same Sex” Relationship Now a Factor For Some Fighting Deportation

By Richard Hanus|2012-10-01T15:49:38-05:00October 1st, 2012|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings|Tags: administrative closure, long term same sex relationship, prosecutorial discretion, same sex|

Published: October 1, 2012 In the past week, Janet Napolitano, our top Department of Homeland Security official, announced that a removable foreign national’s “long term same sex” relationship in the U.S., like any other family relationship in the U.S., will be a relevant consideration in assessing whether that person should be a “priority” for immigration enforcement and appropriately the subject of removal proceedings (formerly deportation proceedings). This new factor will become a part of a formula that has emerged over the past year as part of a new Department of Homeland Security policy to determine against whom removal proceedings will be […]

27 08, 2012

Keathley v. Holder: Seventh Circuit Halts Deportation of Alleged Unlawful Voter

By Richard Hanus|2012-08-27T17:39:17-05:00August 27th, 2012|Categories: DHS / Citizenship and Immigration Services (USCIS), General, Green Cards, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|Tags: Board of Immigration Appeals, civic duty, estoppel, foreign national, government official, Illinois Secretary of State, inadmissable, Keathely, licensed driver, removal proceedings, U.S. congressional election, unlawful conduct, voter registrant|

Published: August 27, 2012 No doubt by now you have heard the one about the foreign national who walks into the local Secretary of State’s office to get a driver’s license, and walks out a licensed driver, an organ donor AND a registered voter. As a voter registrant, that’s where the story begins to go downhill for many foreign nationals. Whether or not the foreign national goes on to vote, he ends up facing harsh consequences within the green card or citizenship application setting as a result of voter registration or voting. In many circumstances the application is denied, and in […]

6 08, 2012

Information Trickling In for Obama’s “Deferred Action for Childhood Arrivals” Program –

By Richard Hanus|2012-08-06T08:24:31-05:00August 6th, 2012|Categories: Deferred Action for Childhood Arrivals (DACA), Employment Authorization / Work Cards in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: DACA, Deferred Action for Childhood Arrivals, Obama, undocumented young adults|

Published: August 6, 2012 In the past week, the Obama Administration announced it will implement its “Deferred Action for Childhood Arrivals” or “DACA” program on August 15, 2012. That’s the program that will allow certain undocumented young adults who arrived in the U.S. prior to turning 16 to apply for a 2 year employment authorization, and a grant of temporary “Deferred Action” status. Last week’s news release provides more details on the program requirements and answers the most common questions on the minds of prospective applicants. Below is a review of the program’s basic requirements and a discussion of the most […]

3 07, 2012

US Supreme Court Strikes Down Most of Arizona’s Controversial Immigration Law

By Richard Hanus|2012-07-03T10:24:36-05:00July 3rd, 2012|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., 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.|Tags: DREAM Act, initiative, reasonable suspicion, show me your papers, sole jurisdiction|

Published: July 3, 2012 To address the various issues presented by the hundreds of thousands of undocumented individuals living in their state, including the security of their state’s border with Mexico and the drain on state coffers, the State of Arizona took the extraordinary step of enacting a state law criminalizing violations of U.S. immigration law. Specifically, the Arizona law was designed to empower state law enforcement agencies with the authority to arrest and criminally prosecute immigration law violators present in their state, with violators turned over to federal authorities for the initiation of removal proceedings after serving a state sentence. […]

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