Removal / Deportation Proceedings and Court Hearings

1 06, 2012

Gay Marriage and U.S. Immigration

By |2012-06-01T09:33:04-05:00June 1st, 2012|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, 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: , , , , , , |

Published: June 1, 2012 The momentum is unmistakable. State by state, our country is taking a serious look at the issue of gay marriage, with the volume of the local and national discussion only getting higher. Whether you believe same sex marriage is right or wrong, or should or should not be legalized, the issue certainly raises a multitude of questions on the rights of our gay population and the fairness of our current laws as applied to them. One such question involves the fairness of our immigration laws for individuals involved in same sex relationships. Should a heterosexual in the […]

21 02, 2012

I Am Not a U.S. Citizen, but I Registered to Vote….and Even Voted!

By |2012-02-21T13:54:16-06:00February 21st, 2012|Categories: Citizenship / Naturalization and the N-400 Application, 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: , , , , , |

Published: February 21, 2012 For the past 5 years, I have seen more than a few variations on the theme of the “accidental” voter or voter registrant. In all but the exceptional case, the non-U.S. citizen was lured into registering to vote, or voting, because of “Motor-Voter”, the federal law that directs states, like Illinois, to incorporate a voter registration option when accepting applications for driver’s licenses and State I.D.’s. Invariably, the accidental voter or registrant is led into the voter registration process by the blind robotics of the motor voter protocol as carried out at state motor vehicle facilities, even […]

4 01, 2012

My Take on Republican Takes on Immigration

By |2012-01-04T09:44:28-06:00January 4th, 2012|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Green Cards, 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, Undocumented Immigrants and Workers in the U.S.|Tags: , , , |

Published: January 4, 2012 President Obama has always made it known that he favors the enactment of some form of comprehensive immigration reform to allow for a “path to citizenship” for at least some of the approximately 12 million living in the U.S. without legal immigration status. During his term, it’s been a Republican Congress that’s been the main obstacle to getting any type of immigration reform initiative passed, whether it be the DREAM Act, or more comprehensive reform proposals. If you are wondering how the Republican candidates for President would approach the issue – below are direct quotes attributed to […]

9 11, 2011

Undocumented and Scammed

By |2011-11-09T15:18:57-06:00November 9th, 2011|Categories: Asylum in the United States, Employment-Based Immigration Law, Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, 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: , , , , , , |

Published:  November 9, 2011 This column is as much a warning to prospective victims as it is a source of basic immigration law information – especially for the 12- 15 million individuals living in the U.S. without immigration status.  Why a warning?  Because no matter the intelligence level of the prospective victim, the combination of his vulnerable state and the scammer’s profit motive, leads to the formation of the perfect storm in which the undocumented individual gets swindled.  The swindlers are neighborhood “notaries” or consultants, as well as even a few established attorneys.  Compared to the honest attorney who will conduct […]

12 09, 2011

Confusion Over Administration Initiative to Grant Mercy for Non-Criminals Facing Deportation

By |2011-09-12T15:41:18-05:00September 12th, 2011|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published:  September 12, 2011 Not surprisingly, the Obama Administration’s announcement of a re-shuffling of ICE enforcement priorities, including the administrative closure of certain pending removal cases of non-criminals – and with issuance of employment authorization to affected individuals, has left many immigrant families confused and misinformed.   In this case, the confusion and misinformation stems from both a lack of specifics provided on the program to date and the vulnerability and desperation of many impacted and non-impacted individuals. As previously discussed here, the cases of some 300,000 removal (deportation) cases pending on the immigration court docket will be reviewed and considered for […]

22 08, 2011

Mercy for Non-Criminals Facing Deportation

By |2011-08-22T16:00:18-05:00August 22nd, 2011|Categories: Amnesty for Immigrants in the U.S., Employment Authorization / Work Cards in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|Tags: , |

Published:  August 22, 2011 It made a splash, a big splash, even a misunderstood splash (as is common with splashes in immigration law).  Last week, the Obama Administration delivered the news that it would be re-prioritizing its immigration enforcement efforts, starting with a review of 300,000 removal (deportation) cases pending on the immigration court docket and consideration of “administrative closure” for the cases of non-criminals.  Administrative closure effectively, and indefinitely, puts a halt to the deportation process.  Furthermore, an individual benefiting from administrative closure mercy will be eligible to obtain an Employment Authorization Document. This announcement offers hope to many in […]

14 10, 2010

Litigation and the Undocumented

By |2010-10-14T10:45:09-05:00October 14th, 2010|Categories: DHS / Citizenship and Immigration Services (USCIS), 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.|

Litigation and the Undocumented Published: October 14, 2010 An important question that gets asked from time to time: Can an individual residing in the U.S. without legal immigration status access a federal or state civil court to recover damages for a contract breach, personal injury, or to facilitate a divorce? To the surprise of many, – almost always, YES! In general, one’s ability to protect or assert their rights in a civil dispute – for example, relating to a contract breach, personal injury or divorce case – does not depend on the individual’s immigration status. The undocumented are not prevented by […]

30 06, 2010

ICE Memo Outlines Enforcement Priorities as Obama Pushes Comprehensive Immigration Reform

By |2010-06-30T04:08:50-05:00June 30th, 2010|Categories: Amnesty for Immigrants in the U.S., DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

ICE Memo Outlines Enforcement Priorities as Obama Pushes Comprehensive Immigration Reform Published: June 30, 2010 Recent estimates place the number of illegal or undocumented immigrants in the U.S. anywhere from 10 to 15 million. With very few exceptions, the laws these individuals are violating are civil in nature – similar to most traffic laws, or parking ordinances. Thus, contrary to the pronouncements of countless talking heads in the media, these violators are not “criminals” and necessarily subject to criminal punishment such as a prison sentence. Instead, immigration law violators are subject to the deportation process (now known as removal proceedings) where […]

24 04, 2010

The New Arizona Law Prompts Big Picture Discussion on U.S. Immigration

By |2010-04-24T13:12:12-05:00April 24th, 2010|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

The New Arizona Law Prompts Big Picture Discussion on U.S. Immigration Published: April 24, 2010 The question has been lingering for years:  what is our nation going to do about the 15 million or so undocumented living in the U.S.? Commence removal proceedings against them? Grant legal status to most or all of them who are otherwise law abiding? Do nothing and essentially allow for a continued, de facto amnesty?     In part to address the question of undocumented in their state, and in part to cry out for help regarding the security of their state and border with Mexico, the State of Arizona has taken the […]

1 04, 2010

U.S. Supreme Court: Non-U.S. Citizens Must Be Advised of Deportation Consequences Before Pleading Guilty

By |2010-04-01T15:13:43-05:00April 1st, 2010|Categories: DHS / Immigration and Customs Enforcement (ICE), Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

U.S. Supreme Court: Non-U.S. Citizens Must Be Advised of Deportation Consequences Before Pleading Guilty Published: April 1, 2010 On March 31, 2010, the U.S. Supreme Court issued a decision in the case of Padilla v. Kentucky, declaring that noncitizen criminal defendants seeking to plead guilty must be advised by counsel of deportation consequences. The case arises out of the State of Kentucky, with Jose Padilla, a long time lawful permanent resident and U.S. Army veteran, facing removal to Honduras after agreeing to plead guilty to a state felony charge of trafficking marijuana. The kicker in Padilla’s case is that his defense […]

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