District of Columbia

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

Helping Our Illegal Children Who are Lost in the System – Special Juvenile Immigrant Visas and Adoption

The sad reality is that we have innocent children lost in our broken immigration system. With the recent blocking of the Dream Act, it is important to know that there are still remedies for children under the age of 18. The purpose of this blog post is to briefly address a couple of ways that we can help minors achieve status in the United States.

Let’s take the case of a U.S. Citizen (USC) who wants to adopt his or… Continue reading

Keeping the L1 Visa Alive for New and Small Companies After the One Year Initial Period

The initial one year period of approval for an L1 Visa in the U.S. is essentially a “trial period.” The purpose of this article is to explain to our clients the importance of establishing a Dun & Bradstreet report (D&B report) within the first year of an L1 Visa approval. U.S. Citizenship and Immigration Services (USCIS) has begun using an instrument called VIBE (Validation Instrument for Business Enterprises), a web-based tool using commercially available information from an Independent Information Provider… 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

You and Family Becoming Legal in the U.S.–245i Eligibility and Grandfathering

INA 245(I)  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) … 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

H1B Visa Tips on Getting a Fast Approval From U.S. Immigration

See Important H1B Visa Tips on Getting a Fast Approval from U.S. Citizenship and Immigration Services:

  1. Have a headhunter verify that your job requires the minimum of a bachelor’s degree and put it in writing.
  2. Find job Postings on Monster.com or Career Builder.com that clearly states the minimum of a bachelor’s degree is required for the foreign national employee’s position.
  3. Complete the LCA with the Depart of Labor (DOL) immediately once it is determined that this job is a specialized… 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 “inadmissible”. In other word, they are banned from… Continue reading

Digging Deeper and Deeper How Far Will They Go? When the Non-Citizen is in Deportation Proceedings…Challenging the Government on Removability

Categorical, Modified Categorical, Matter of Silva-Trevino—what does this all mean for someone who has been placed in removal based on past criminal convictions?

This brief article gives a simplified explanation of how someone, who is not a lawyer, may understand a couple critical ways to challenge ICE (“the government”) if they are placed in removal based on past criminal convictions. However, as this is a highly complex area of the law, immigration counsel is an absolute necessity to win… Continue reading

Domestic Violence? No Matter What Your U.S. Immigration Status, or Sex—You Have a Powerful Voice and Potential Immigration Benefits in the United States….Don’t Waste It.. Use Your Power!

Domestic Violence is one of the most difficult forms of abuse to face “head on” as it touches every aspect of one’s life, whether male or female.  It can leave an individual emotionally, financially, spiritually, physically and logistically paralyzed.  The issues of shame, codependency,  and fear for themselves or fear for their “victimizer” (whom they love or loved) makes taking necessary quick protective action seem distant.  However, a supportive network of friends, family, psychological counselors, legal counselors and spiritual support… Continue reading