Removal / Deportation Proceedings and Court Hearings

30 06, 2020

Supreme Court Administers CPR and Revives DACA…..For Now

By |2020-11-14T12:41:17-06:00June 30th, 2020|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., immigration reform, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published June 30, 2020 By: Richard Hanus, Esq. Deferred Action for Childhood Arrivals – better known as DACA – was an Executive Order issued by President Obama in 2012 after our Congress was unable to agree on an appropriate answer to our nation’s “12 million undocumented” state of affairs.  Once in place, DACA allowed approximately 700,000 young adults who were brought to the U.S. illegally as children to gain legal status and employment authorization for 2 year increments and otherwise be protected from deportation.  8 years later, tens of thousands of DACA recipients are accomplished professionals, teachers, artists, business leaders and students, [...]

11 06, 2020

Immigration Related Government Offices Inching Their Way Back To Normalcy

By |2020-11-14T12:42:38-06:00June 11th, 2020|Categories: Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Removal / Deportation Proceedings and Court Hearings|

Published June 11, 2020 By: Richard Hanus, Esq. U.S. Department of Homeland Security – Citizenship and Immigration Service local offices (US DHS/CIS): In the past week, the public has seen the first signs of normal operations at US DHS/CIS offices across the U.S., including the Chicago Field Office.   Approved applicants for U.S. citizenship who have been waiting to be scheduled for a ceremony to be sworn in as U.S. citizens are finally starting to receive notifications to appear.  The new dates are for mid-June, and due to social distancing requirements the number of applicants scheduled have been significantly reduced compared to previous practice. Further, [...]

13 05, 2020

Large Scale H-1B Visa Lawsuit Settled; The Latest on Immigration Office and Court Operations

By |2020-11-14T12:44:00-06:00May 13th, 2020|Categories: Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, United States Embassies Abroad|

Published May 13, 2020 By: Richard Hanus, Esq. Update:  One Year and a Federal Lawsuit Later, DHS Finally Approves 150 Pending H-1B Filings for Lab Technologists I cannot recall a time when so many federal lawsuits to compel or correct decisions by the Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS) have been filed.  One recent example is the lawsuit filed by Management Healthcare Systems LLC (doing business as MedPro Staffing) in the District of Columbia 3 months ago to compel DHS/CIS to finally decide over 150 visa petitions for foreign medical lab technologists. At the time of filing in February, 2020, [...]

1 04, 2020

Covid-19 and the Latest on Immigration-Related Government Office Operations and Policies

By |2020-11-14T12:45:57-06:00April 1st, 2020|Categories: Asylum in the United States, 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, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published April 1, 2020 By: Richard Hanus, Esq. I will start with the most recent events.  The first concerns removal/deportation proceedings against detained (in custody) immigrants.   Just yesterday, a variety of immigration lawyer advocacy groups, on behalf of several detained foreign nationals, filed suit against the U.S. Department of Justice and the Executive Office of Immigration Review (EOIR) to put a halt to the policy of requiring attorneys and their detained clients appear in person for removal proceedings.  According to the lawsuit, the dangers associated with the outbreak of the Covid-19, especially at detention facilities and immigration court locations, put the health of [...]

19 03, 2020

U.S. Immigration Offices and Courts – Confusion, Delay and Finally Some Definite News

By |2020-11-14T12:46:22-06:00March 19th, 2020|Categories: Asylum in the United States, 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, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published March 19, 2020 By: Richard Hanus, Esq. The last few weeks have been a whirlwind, even a hailstorm, of information, misinformation, panic and confusion. On the most basic level, the lack of definite information about the extent of the coronavirus in general has been alarming. Of course there was and is so much we do not and could not know. On the other hand, the amount of knowable, concrete information that was not disseminated or acted upon when this crisis started to unfold was far from insignificant. Consistent with this state of affairs, the manner with which our federal government [...]

31 12, 2019

2 or More DUI Convictions Are Now a Greater Obstacle for Immigration Applicants

By |2020-05-01T13:52:10-05:00December 31st, 2019|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published December 31, 2019 In a recent ruling, the Attorney General of the United States announced a policy that will make it more difficult for foreign nationals with 2 or more driving under the influence of alcohol convictions to defend against deportation proceedings or ever become a U.S. citizen. The directive arose in the context of defining “good moral character” for purposes of undocumented foreign nationals fighting removal proceedings (also known as deportation proceedings) and seeking the relief of “cancellation of removal”. This defense, if successfully presented, serves to not only terminate removal proceedings but also lead to green card issuance. [...]

15 10, 2019

Immigration Judges Union Alleges Unfair Labor Practices

By |2020-05-01T14:08:42-05:00October 15th, 2019|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published October 15, 2019 In all, there are more than 400 immigration judges in the U.S., and they are employed by the U.S. Department of Justice’s Executive Office of Immigration Review (DOJ/EOIR) to preside over removal proceedings and essentially decide who gets to remain in the U.S and who must depart.  Of course, there are laws that govern the decision-making process, and the judges making these decision are charged with applying a long list of statutes, regulations and case-law fairly and efficiently.  But as is no secret, the strain on this government function these days is at unprecedented levels, with the [...]

22 09, 2019

Appeals Filing Fee May Skyrocket; Processing Times for Chicago Area Applicants

By |2020-05-01T14:13:41-05:00September 22nd, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., 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|

Published September 22, 2019   Administration Aims to Dramatically Increase Filing Fees for Appeals In an effort that will effectively deter appeals of certain immigration decisions within the deportation court system, the Trump administration is reportedly advancing a regulation to dramatically increase the filing fees associated with such appeals. The regulatory proposal being considered would increase the current filing fee of $110.00 by 900% to a total of $975.00 in most cases. If imposed, the new filing fee will create a severe financial obstacle for a significant portion of the impacted population, a mostly vulnerable population seeking to advance their right [...]

22 09, 2019

Deferred Action Comes to an End

By |2020-05-01T14:15:33-05:00September 22nd, 2019|Categories: Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published September 22, 2019 In an abrupt, yet not surprising policy decision, the U.S. Department of Homeland Security announced it is putting a halt to a Deferred Action program that has been a part of the immigration law and prosecutorial discretion landscape for more than 4 decades.  The political reasons for this announcement are obvious, but there exists no real practical reason for the program’s termination since it’s been employed so sparingly during its life. What is Deferred Action?   It is a formal statement by the Executive Branch of our government via U.S. Citizenship and Immigration Services that it will not [...]

25 07, 2019

Expedited Deportation for Undocumented Recent Arrivals

By |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 [...]

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