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

12 04, 2017

U.S. Department of Justice Announces New Immigration-Related Prosecution Priorities

By |2020-05-01T18:14:33-05:00April 12th, 2017|Categories: Customs and Border Patrol / Travel to and from the U.S., 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, Undocumented Immigrants and Workers in the U.S.|

Published April 12, 2017   In general, individuals who enter the U.S. without proper documentation, or who have overstayed their visas are guilty of only civil, as opposed to criminal, law violations.  That means, the worst penalty such a civil law offender generally faces is being subject to removal proceedings, and not criminal prosecution or penalties such as probation or a jail sentence.   However, in the criminal law universe there exist a range of immigration law related offenses which can subject offenders to criminal prosecution.  The Trump administration, through U.S. Attorney General Jeff Sessions recently outlined his vision for increasing law enforcement […]

22 02, 2017

The New Immigration Executive Order – Do Not Panic, Part II

By |2017-02-22T10:32:36-06:00February 22nd, 2017|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, 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, Immigration and Criminal Law / Detainees, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published February 22, 2017   The grandiosity with which the Trump Administration has released Executive Orders in the past month is undeniable.  If their effectiveness is to be judged by the amount of media coverage and public hysteria that has been generated, then these orders get an A+.   President Trump is leaving a distinct impression that when it comes to immigration law enforcement, he is taking action and fulfilling the promises he made to this constituency while campaigning.    The message of this week’s Executive Order is that anyone who is residing in the U.S. in violation of immigration laws is subject […]

31 01, 2017

This Past Weekend’s Executive Action, Shock and Awe

By |2017-01-31T09:58:04-06:00January 31st, 2017|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Foreign Exchange Student Visas to the U.S., General, 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|

Published January 31, 2017   Lightning struck, in a bad way, for U.S. based or U.S. bound nationals of seven countries this past weekend.  Citizens and nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen and who are:  a) current or prospective U.S. lawful permanent residents or refugees or b) current or prospective temporary U.S. visa holders, find themselves in the most toxic of immigration scenarios they could have ever imagined, at least for the next 90 days. For prospective Syrian refugees, the door to the U.S. has been shut indefinitely.   With the stroke of a pen, President Trump immediately interrupted […]

9 11, 2016

Do Not Panic

By |2016-11-09T16:22:17-06:00November 9th, 2016|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, 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, 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, Undocumented Immigrants and Workers in the U.S.|

Published November 9, 2016 Panic is rarely a useful response to a stressful situation.   In the U.S. immigration arena in the aftermath of Donald Trump’s election to the U.S. presidency, panic is neither useful nor necessary. Yes, he spoke about a wall. Yes, he spoke about rounding up all undocumented immigrants. But did he mean it? If he said it, why wouldn’t he mean it? If he did mean it, what laws and political realities should the undocumented be aware of? Will our nation’s undocumented be rounded up for deportation? Very, very, very unlikely. While Trump made such an initiative a hallmark of his primary campaign, […]

20 09, 2016

Do I Need to Renew My Green Card If I Am Applying for U.S. Citizenship?

By |2016-09-20T12:50:18-05:00September 20th, 2016|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 Authorization / Work Cards in the U.S., Family-Based Immigration Law, General, Green Cards, Lawful Permanent Residence in the U.S.|

Published September 20, 2016     U.S. Citizenship and Immigration Services Headquarters recently issued a directive clarifying the circumstances under which prospective applicants for naturalization – filing Form N-400 –  must also renew their Permanent Resident cards and file Form I-90.    The directive establishes guidelines that are at odds with practices that had long been in place at local CIS offices, such as Chicago’s, since naturalization applicants with expired green cards were rarely, if ever, asked whether the Green Card renewal process had been initiated during the course of a naturalization interview/process.   The following are the two most common scenarios applicants […]

25 07, 2016

For Those Who Entered the U.S. Under a False Identity and Now Want a Green Card

By |2016-07-25T19:13:52-05:00July 25th, 2016|Categories: Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), 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, Undocumented Immigrants and Workers in the U.S.|

Published July 25, 2016 Foreign nationals who enter the U.S. under a false identity or assumed name usually do so because conventional legal avenues to gain entry are not available to them.  From what I have witnessed, the assumed name entrant is typically motivated by a desire to achieve a better life in terms of work and freedom, a life that would otherwise not be available but for their taking action to enter under a false identity and/or fabricated visa application.  For a variety of reasons though, no visa is within reach, whether it be as a B-1/B-2 visitor for pleasure/business, F-1 […]

7 06, 2016

International Travel For Non-Citizens With Criminal Records

By |2016-06-07T08:08:26-05:00June 7th, 2016|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), General, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings|

PUBLISHED June 7, 2016   In the post 9/11 world, non-U.S. citizens with criminal records seeking to reenter the U.S. following international travel face the distinct possibility their inspection process at the airport will be delayed, or even continued for additional scrutiny before an upper level immigration official at a later date.  First, the databases used by immigration officials in screening individuals seeking entry into the U.S. have grown in sophistication.  More active intelligence sharing by and between law enforcement agencies, both local and federal, means more information is available to more officials.  In sum, if you are not a U.S. citizen […]

24 02, 2016

U.S. Department of Homeland Security to Take a Closer Look at Social Media Presence of Foreign Nationals Coming to U.S.

By |2016-02-24T08:57:02-06:00February 24th, 2016|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), Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, Non-Immigrant Visas for Temporary Workers / H-1B|

Published February 24, 2016   After the terrorist mass shootings in San Bernardino, California this past December, it was discovered that the couple carrying out the attack had an online footprint, via Facebook private messenger, outlining disturbing beliefs and inclinations to commit acts of jihad and terrorism. In the wake of this major act of terrorism and others around the world, leaders in our federal government and Congress are looking for improved ways to insure that foreign nationals looking to enter the U.S. do not intend to engage in terrorism.  The new rules being considered may or may not have prevented […]

9 12, 2015

New Legislation to Govern Certain Visa-Waiver Visitors

By |2015-12-09T08:37:27-06:00December 9th, 2015|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), General, U.S. Immigration Law and Legislation, Uncategorized, United States Embassies Abroad|

Published December 9, 2015 At present there are 38 countries whose citizens are generally relieved of the requirement of obtaining a visa to visit the U.S. for up to 90 days.   But in the wake of recent terrorist acts in Europe and the U.S., and where the terrorism advocacy engine is primarily operated by Islamic extremists in the Middle East, Congress is set to finalize legislation to significantly tighten up this visa waiver program – especially for those who have visited certain Middle Eastern nations.    Specifically, if a citizen of one of the visa waiver nations has visited Iraq, Iran, Syria […]

8 12, 2015

Trump Drops More Bombs

By |2015-12-08T08:36:30-06:00December 8th, 2015|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published December 8, 2015   First, the recipe:  Step 1) find an indisputable societal problem, Step 2)  determine that there exists a sizeable segment of your audience that is uncontrollably, but perhaps understandably, angry about the problem, and Step 3) conceive of and declare implementation of the most extreme measure available to address that problem. Donald Trump once again followed this recipe for gaining attention and maintaining, if not growing, his popularity by suggesting that the U.S. should ban entry of all Muslims.    What?  Yes, just when you think it could not get any crazier, Donald Trump suggested a measure that would […]

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