Cancellation of Removal
I have lost my Immigration Court Case What Now!
The purpose of this brief article is to equip clients in removal and deportation proceedings in the United States with an understanding of their options in the event they lose their case in immigration court. All hope is not lost.
We understand that this is a devastating time for our clients. We have taken over several cases that were lost be prior attorneys or counsel and taken the next essential steps to give clients another chance to win a meritorious… Continue reading →
U.S. Citizenship and Good Character- The Case for DWIs
U.S. Citizenship is not an automatic right but requires proof that a Permanent Resident has “good moral characterâ€. Many of our complex citizenship cases involve client’s who have been charged with multiple DWI (Driving While Intoxicated) while in Permanent Resident Status. Although this can affect a citizen application and can result in denial, many cases are still approved despite. The following factors are key in a case being approved although convicted of more than one DWI in a five or… Continue reading →
When Returning to your Home Country From the United States Is NOT an Option Asylum, Withholding of Removal and CAT
Asylum
Asylum status may be given to an individual who meets a very strict definition of refugee. A refugee or asylee is defined as any person outside his or her county of nationality (or in the case of a persons having no nationality, their last habitual residence) who, because of a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion, is unable or unwilling to return to that country, and is… Continue reading →
Visa Waiver and the Minor: Can a Minor Waive their Immigration Rights?
As we discussed in our previous blog articles, the use of a visa waiver by eligible foreign nationals can be surprisingly risky. But what does this mean for a minor who enters on one?
In order to receive a visa waiver, a foreign national agrees to waive his immigration rights in the event he or she overstays the visa waiver, an incident which would result in serious U.S. immigration consequences.
In the case of a minor, the following scenerio often… Continue reading →
Virginia Assault and Battery- Immigration Consequences for the Non-Citizen
The purpose of this article is to discuss the often confusing subject of whether an assault and battery in the State of Virginia is an aggravated felony prohibiting a U.S. non-citizen who is convicted of such a crime from applying for many forms of relief if placed in removal. Without relief, a non-citizen client will be removed (deported) from the United States.
If you or your loved one are currently charged with assault and battery as a non-citizen of the… Continue reading →
H1B Employee Tip: H1B Portability as it Relates to the I-140 and I-485-Extending Beyond 6 Year Period
Many of our clients have experienced layoffs requiring them to seek alternative employment in H-1B status. Porting over to another employer requires a very detailed legal analysis by an experienced immigration lawyer. Our law firm provides tips from time to time on various situations that the H-1B visa holder may find him or herself experiencing. Here is an example of one:
Scenario and Question
If an employee currently has 5 months remaining within his initial 6 year term. He or… Continue reading →
U.S. Visa Waiver Program—Wonderful Privilege or Serious Risk?
The Visa Waiver Program (“VWâ€) is a program available to select countries wherein an individual traveling to the United States to visit need not first obtain a visa from his or her local U.S. consulate.
At first glance, who would not be excited about the option of skipping the headache of applying for a visa at the U.S. Consulate before traveling. However, the purpose of this article is to explain some of the drawbacks that need to be considered depending… Continue reading →
You and Family Becoming Legal in the U.S.–245i Eligibility and Grandfathering
INA 245(I)Â is the latest grace extended by the U.S. government to legalize anyone in the United States back in April 2001 who overstayed their current U.S. visa or walked across the border without inspection (EWI).
In order to be considered grandfathered under 245i, an alien must satisfy the following requirements pursuant to 8 CFR 245.10:
1) The alien was the beneficiary of a qualifying immigrant petition or application for labor certification filed on or before April 30, 2001. 2)Â … Continue reading →
Immigration News- Dream Act
Imagine, you are 16 years old and excited to finally get your driver’s license but suddenly you find out the worst! Or you have dreamed your entire life about becoming a doctor, nurse or engineer and followed good advise “just get good grades in school” and you will succeed; you do all this only to find out the roadblocks you face to a post secondary education and career are often insurmountable.
Without the Dream Act, millions of undocumented young women… Continue reading →
Immigration Consequences To Criminal Charges Or Convictions – The BIG Mistake—Don’t Rest Easy!—Removability AND Inadmissibility Immigration Considerations Before Pleading
The purpose of this article is to hopefully reduce the huge mistake that costs U.S. Permanent Residents and Non-Citizens their right to travel back to their home country. Specifically, if a Permanent Resident or Non-Citizen with a brief criminal history travels abroad they are often faced with the surprise of arriving at the airport back in the United States only to be told by Customs Border and Patrol (CBP) that they are “inadmissibleâ€. In other word, they are banned from… Continue reading →