Washington Dulles Airport

The Deportation or Removal Case is Never Over Until the “Asylum, Withholding of Removal, & CAT” Lady Sings

Unfortunately, under current U.S. Immigration laws, there are numerous reasons that someone who is non-citizen of the United States may find themselves placed in removal proceedings when interacting  with agencies such as Customs Border and Patrol (“CBP”), ICE, or U.S. Citizenship and Immigration Services (“USCIS”). The reasons range from technical reasons, to prior criminal history, improperly granted immigration benefit that a Senior USCIS officer unveils, or extended absences from the United States. Also a non-citizen (such as a Permanent… Continue reading

No Longer Trapped! U.S. Supreme Court Makes it “Law of the Land”: Permanent Residents with Criminal Convictions Prior to 1997 Can Now Travel.

Some of our non-U.S. citizen clients are individuals who committed a crime either when they were young; or over a decade ago which they deeply regret.  Their encounter with the law resulted in a criminal conviction. More often than not, it is a “one time crime”, and out of sheer panic and fear they accepted any plea offered by their criminal attorney that would result in the minimum or no jail time.

However, little did the non-citizen know that… Continue reading

Temporary Protected Status (TPS) for Syrian Nationals

Release Date: March 23, 2012

For Immediate Release Office of the Press Secretary

“In light of the deteriorating conditions in Syria, I am announcing that DHS will be designating Syria for Temporary Protected Status (TPS) for Syrians currently present in the United States. Conditions in Syria have worsened to the point where Syrian nationals already in the United States would face serious threats to their personal safety if they were to return to their home country. Early next… Continue reading

Understanding I-864 Affidavit of Support and Qualifying Work Credits When Adjusting Status in the U.S.

An I-864 is a special form used by U.S. Citizenship and Immigration Services (“USCIS”) to determine whether any foreign national who seeks to adjust his or her status from a non-immigrant visa (such as an H-1B visa), meets minimum income guidelines. The U.S. Citizen petitioner, for instance a spouse, has an obligation to ensure that their family member will not become a “ward of the state” and end up on public assistance if granted U.S. Permanent Resident status.

A unique… Continue reading

Hiring a Foreign Worker? Making Sure Your PERM Employment Recruitment Efforts are “Audit Proof “to Reduce Stress for Employer and Foreign National Employee

Could it be that you are a U.S. Employer who has found the perfect employee? He or she is loyal, has a good attitude and works hard.  Only one problem, he or she is not a U. S. citizen or even a Permanent Residents.  If they have a visa, ensuring the visa is valid for work purposes is essential. But even then, that visa is only temporary.  So now you are faced with having to lose… Continue reading

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