Customs and Border Patrol / Travel to and from the U.S.

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 [...]

29 06, 2019

Deporting Millions, Deporting 2,000 – Same Thing

By |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. [...]

19 05, 2019

Making U.S. Immigration Great Again

By |2020-05-01T15:02:45-05:00May 19th, 2019|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, 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 / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, 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, Undocumented Immigrants and Workers in the U.S.|

[vc_row][vc_column][vc_column_text]Published May 19, 2019   I started practicing immigration law in the decade that followed the Reagan era’s 1986 Immigration Reform and Control Act, the last large scale immigration amnesty in the U.S. Through this legislation, roughly 3 million undocumented, but otherwise law abiding, individuals were able to come out of the shadows and officially start their lives as U.S. lawful permanent residents. Eventually, the vast majority eventually went on to become U.S. citizens. Existing statutory avenues toward U.S. residence have allowed for approximately 1 million new permanent residents to the U.S. per year. In addition to these avenues to legal [...]

2 05, 2019

Smoking Marijuana May Be Hazardous to Your Immigration Health

By |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 [...]

8 02, 2019

Federal Indictments Handed Down Against Birth Tourism Ring

By |2019-02-08T09:57:45-06:00February 8th, 2019|Categories: Citizenship / Naturalization and the N-400 Application, Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, Uncategorized, United States Embassies Abroad|

Published February 8, 2019 With few exceptions, per the Constitution of the United States of America, if a person is born in the U.S., they are born as a U.S. citizen – and no matter the citizenship or immigration status of their parent.  As further evidence of just how valuable a life in the U.S. is, especially with a U.S. passport, we have news of the prosecution of an alleged criminal enterprise specializing in arranging for foreign individuals to enter the U.S. for the sole purpose of giving birth to their children as U.S. citizens.    In recent days, federal authorities have unsealed […]

10 01, 2019

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

By |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 |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 06, 2018

Attorney General Sessions: Domestic and Gang Violence Are Not Bases for Asylum

By |2020-05-01T16:33:39-05:00June 29th, 2018|Categories: Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published June 11, 2018    Foreign nationals are eligible to be accorded asylum status in the U.S. if they fear return to their home countries due to:  a) persecution they face on account of their race, religion, political belief or social group AND b) the persecution is carried out by their government or government agents, or groups the government cannot or will not control. In recent days, U.S. Attorney General Jeff Sessions, in overturning an Obama administration ruling, issued an order limiting the circumstances under which members of particular “social groups,” including domestic violence victims and some LGBTQ claimants, have a […]

24 04, 2018

Supreme Court: “Crime of Violence” Basis to Deport is Too Vague

By |2020-05-01T16:43:48-05:00April 24th, 2018|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), 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 April 24, 2018 Last week, the U.S. Supreme Court, in a 5 to 4 decision struck down a significant portion of a federal statute exposing foreign nationals to deportation on the basis of having committed a “crime of violence”.  The court ruled it incorporates too vague a definition and therefore violates the Due Process clause of the U.S. Constitution’s Fifth Amendment.     The case – Sessions v. Dimaya – involves the reversal of a deportation order against a long time U.S. lawful resident from the Philippines who in 2007 and 2009 was convicted of residential burglary in California. A “crime of violence” basis […]

25 04, 2017

A New Look for Green Cards and Employment Authorization Documents

By |2020-05-01T18:12:05-05:00April 25th, 2017|Categories: 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), Employment Authorization / Work Cards in the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Uncategorized|

Published April 25, 2017   Toward enhancing security and combatting document fraud, U.S. Department of Homeland Security will begin issuing a newly redesigned Permanent Resident Card (“Green Card”) and Employment Authorization Document (“EAD”) starting May 1, 2017.  Green Cards and EADs issued prior to the release of the new versions will continue to be honored throughout their validity period.    The new documents will feature the individual’s photos on both sides along with unique graphics, color schemes and embedded holographic images.   Green Cards will feature the image of the Statue of Liberty and a mainly green color scheme.  EADs will include […]

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