Asylum in the United States

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 […]

25 07, 2017

The Top 5 Defenses to Removal Proceedings

By |2020-05-01T17:57:03-05:00July 25th, 2017|Categories: Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), 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.|

Published July 25, 2017   Foreign nationals in the U.S. may find themselves defending against removal proceedings because they overstayed or  somehow violated the terms of their temporary visa status.  Or they may never have had immigration status in the first place.  Or, it might be that they have permanent resident status, but committed a criminal act that prompted their “removability”.    Whatever is the case, if a foreign national finds themselves having to defend against removal proceedings, it is imperative that they know which options may be available to allow them to remain in the U.S.    Below are the most common […]

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 […]

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, […]

21 03, 2016

You Can Always Ask for Prosecutorial Discretion

By |2016-03-21T07:52:16-05:00March 21st, 2016|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Uncategorized|

Published March 21, 2016   No matter what stage in the deportation/removal process a foreign national may find themselves in, and no matter their previous immigration status – or lack thereof, there is always the option of seeking “prosecutorial discretion”.  Of course, those who have available to them a specific legal defense under governing immigration laws may not necessarily need to make such a request. However, the weaker their legal defense, the more likely a request for prosecutorial discretion should be asserted. A government agency’s discretion over whether to prosecute, or not prosecute, a law breaker is at play when it […]

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 […]

6 01, 2016

New Immigration Raids: Who are the targets and why?

By |2016-01-06T08:01:03-06:00January 6th, 2016|Categories: Asylum in the United States, DHS / Immigration and Customs Enforcement (ICE), Undocumented Immigrants and Workers in the U.S.|

Published January 6, 2016 In the summer of 2014, thousands of individuals from Central America showed up at the U.S./Mexico border seeking refuge in the U.S.    Escaping extreme poverty, a breakdown in governmental institutions, domestic violence and gang warfare, individuals from Honduras, El Salvador and Guatemala made the journey to our border to avail of our nation’s refugee protection laws.  In theory, all of these individuals were, and are, given access to our nation’s legal protections and system of assessment.   Some were successful at meeting applicable legal standards and have been allowed to stay in the U.S. as “asylees”.  Others were […]

30 04, 2015

Top Six Reasons to Hire an Immigration Lawyer

By |2015-04-30T08:40:32-05:00April 30th, 2015|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, 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., Employment-Based Immigration Law, Family-Based Immigration Law, General, 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, 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 April 26, 2015   1.  To Keep a Clean and Simple Case, Clean and Simple: A knowledgeable and experienced immigration lawyer will know how a filing, whether family based or employment based, should be prepared.   The immigration lawyer will know exactly how to file the paperwork, how it should be documented, where the filing should be submitted, how to keep the filing on track and to make sure it does not fall through the cracks.   If an interview is scheduled, the immigration lawyer will prepare the applicant for all questions and processes they will face, and accompany the applicant to […]

4 12, 2013

President’s Uncle Allowed to Remain in the U.S.

By |2013-12-04T13:50:47-06:00December 4th, 2013|Categories: Asylum in the United States, DHS / Immigration and Customs Enforcement (ICE), Green Cards, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|Tags: , , , , , |

Published:  December 4, 2013 Earlier this week, Onyango Obama, the half brother of President Obama’s father, avoided deportation back to his native Kenya and was granted permanent resident status by an Immigration Judge in Boston.  Onyango Obama first arrived in the U.S. in 1963 and eventually applied for political asylum here, but was later denied.  His appeal was also denied although he never departed the U.S. or was ever arrested or detained by immigration authorities.  Since the dismissal of his appeal in 1992, he essentially was living in the U.S. knowing that he could get picked up and deported at any […]

9 03, 2013

Who Ends Up in Removal Proceedings?

By |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: , , , , , , , |

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 […]

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