Asylum in the United States

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 […]

4 06, 2009

The New Attorney General Reverses Field on Legal Representation in Removal Proceedings

By |2009-06-04T18:58:39-05:00June 4th, 2009|Categories: Asylum in the United States, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings|

The New Attorney General Reverses Field on Legal Representation in Removal Proceedings Published: June 4, 2009 Just over 4 months after the outgoing Attorney General declared that foreign nationals do not have the right to effective representation in removal proceedings, the Obama Administration’s new Attorney General, Eric Holder, has undone that act. Attorney General Holder’s action to vacate the earlier decisions in the cases of Matter of Compean, Matter of Bangaly and Matter of J-E-C, restores more than a decade of jurisprudence establishing that foreign nationals are constitutionally entitled to “effective assistance of counsel,” and that a claim of ineffective counsel […]

29 04, 2009

New Filing Instructions for Residents Seeking to Renew Resident Cards

By |2009-04-29T10:46:25-05:00April 29th, 2009|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, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|

New Filing Instructions for Residents Seeking to Renew Resident Cards Published: April 29, 2009 US lawful permanent residents renewing their Permanent Resident Cards by way of direct mailing of Form I-90 (as opposed to online filing) should pay attention to two important changes. Firstly, I-90 applicants are now instructed to file their supporting documentation when submitting their application, as opposed to only presenting it when appearing for their post-filing biometrics appointment – as was the procedure previously in place. Second, all I-90 applications are now to be filed with the following US CIS lockbox: USCIS P.O. Box 21262 Phoenix , AZ […]

20 01, 2009

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime?

By |2009-01-20T11:40:37-06:00January 20th, 2009|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, 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, 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., United States Embassies Abroad|

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime? Published: January 20, 2009 So, you have made the decision that being in the U.S. without legal status is better than being in your home country with all the legal status in the world. And you continue to hope that President Obama can advance his goal of comprehensive immigration reform and that your particular circumstances will be covered by some prospective legislation. While we await such legislation, are there measures the overstay / undocumented foreign national can take to “legalize” their status and obtain U.S. lawful […]

16 08, 2006

Justice Department Initiative to Improve Immigration Courts and BIA

By |2006-08-16T14:00:36-05:00August 16th, 2006|Categories: Asylum in the United States, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), U.S. Immigration Law and Legislation|

Justice Department Initiative to Improve Immigration Courts and BIA August 16, 2006 After ordering the review of almost 20 immigration courts and conducting extensive field research and interviews, Attorney General Alberto R. Gonzales announced that the Department of Justice will be implementing several new measures aimed at improving the quality and functioning of our nation’s immigration court system (where deportation/removal proceedings are conducted). Upon revealing the new reforms he stated, “I am secure in the knowledge that our immigration judges and Board [of Immigration Appeals] members stand ready to serve their country in discharging their demanding responsibilities to apply the rule […]

13 02, 2004

INS’ Mismanagement of Asylees’ Green Card Filings Ruled a “National Embarrasment”

By |2004-02-13T14:00:36-06:00February 13th, 2004|Categories: Asylum in the United States, Green Cards, Lawful Permanent Residence in the U.S.|

INS’ Mismanagement of Asylees’ Green Card Filings Ruled a “National Embarrasment” February 13, 2004 In a ruling handed down this past week, Federal Judge Richard H. Kyle, of the U.S. District Court of Minnesota, condemned the INS for unlawfully failing to adjust the status of 22,000 asylees waiting to become permanent residents. Calling the INS’ (now CIS) mismanagement of these cases, a “national embarrassment,” Judge Kyle ordered the government to immediately begin to adjust the status of thousands of immigrants who have been granted asylum and have had their applications for permanent residence pending for as long as 5 or more […]

22 02, 2001

Asylum Granted to Autistic Child

By |2001-02-22T14:00:36-06:00February 22nd, 2001|Categories: Asylum in the United States, DHS / Citizenship and Immigration Services (USCIS)|

Asylum Granted to Autistic Child February 22, 2001 The actions of government agencies or courts of law are mostly noticed only when something goes wrong or when negative, sensational consequences follow. Whether we will realize it or not, we generally expect government officials and judges to make the right decisions with justice in mind and where everybody lives happily ever after. When it comes to the U.S. Immigration & Naturalization Service, one of the most under-funded and unattended-to federal agencies and the favorite kicking dog of many a politician, the negative sensational story is generally all we hear. But just yesterday, […]

5 05, 2000

Consequences of “Whistle Blowing” Can Be the Basis of a Political Asylum Claim

By |2000-05-05T14:00:36-05:00May 5th, 2000|Categories: Asylum in the United States, DHS / Citizenship and Immigration Services (USCIS)|

Consequences of “Whistle Blowing” Can Be the Basis of a Political Asylum Claim May 5, 2000 The U.S. Court of Appeals for the 9th Circuit, which has jurisdiction over cases filed in California – among other west coast states, generally can be expected to issue decisions providing aliens with the most protection in the face of imminent deportation by the U.S. Immigration & Naturalization Service. Consistent with that trend, a Filipino asylum seeker, whose claim was based on his fear of persecution back home as a result of his “whistleblowing” and anti-corruption activities as a law enforcement official in the Philippines, […]

1 10, 1999

The Scams Continue

By |1999-10-01T14:00:36-05:00October 1st, 1999|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Employment Authorization / Work Cards in the U.S., 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, Undocumented Immigrants and Workers in the U.S.|

The Scams Continue October 1, 1999 Make no mistake about it, for every vulnerable person in this world, there is always going to be a predator to take advantage of them, especially in the world of the visa overstay or undocumented alien. Who is doing the scamming? How can it be stopped? How can one avoid being scammed? How can the scammer be held accountable? Based on some of the experiences shared with me by several scam victims or targeted victims, I offer the following thoughts: Who is doing the scamming? From what I have gathered from victims who have consulted […]

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