Fairfax Prosecutorial Discretion

When You or Your Loved One Signs to Be Removed from the United States with ICE then Change Your Mind

We often have detained clients who contact our office after signing to be removed from the United States. These clients have often been detained unexpectedly and are tired. Suddenly an ICE Officer appears advising client that their case may be “hopeless”. The ICE officer then provides the option for the client to sign to be removed.

Detained individuals will typically be presented with two different documents when in immigration detention.  An 826 Notice is presented and a 10 page… Continue reading

TPS – Special Situations and Humanitarian Relief Such as Flooding

USCIS News – Reprint Below:

Relief for Nationals from Central America Stranded in the U.S. Due to Extreme Flooding

Extreme flooding occurring in Central America has led U.S. Citizenship and Immigration Services (USCIS) to reminding everyone of immigration benefits available upon request to eligible nationals from countries in that region.

USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals from Central American countries that… Continue reading

Interacting Successfully with the U.S. Consulate Overseas

Many of our readers and clients often ask how to file applications with their consulate overseas.  In this short blog tip we provide basic guidance on filing with your country’s local U.S. Consulate.

The Department of State(DOS) website www.travel.state.gov contains a listing of all the consulates throughout the world.  It is important to go unto the DOS website and follow the instructions for the particular visa which you intend to file with the U.S. consulate.  Each consulate’s… Continue reading

Ability to Pay and Employment Based Sponsorship of a Foreign National

An I-140 is a petition by a U.S. Employer who seeks to sponsor and employ someone who is abroad or a foreign national.  Small, large or new companies may sponsor a foreign national once they can demonstrate an ability to pay the employee. The sponsorship is for a future job since there are very stringent requirements that need to be met before a foreign employee may begin working.

The three essential steps are 1) PERM- Labor Certification; 2) I-140… Continue reading

Finally, Some Relief for Clients and Respondents in Removal—But What DoesThis All Mean?

On August 18th, 2011, the current Obama Administration and the Department of Homeland Security (“DHS”) announced the establishment of a high-level joint Department of Homeland Security along with the Department of Justice (“DOJ”) to determine which cases are high priority versus low priority. In distinguishing between these two categories, only high priority cases will cause individuals to be placed into removal proceedings, and low priority cases already in proceedings would be strongly considered for administrative closing by ICE/DHS attorneys. … Continue reading