Obtaining a green card through a spouse who is either a legal permanent resident or U.S. Citizen maybe possible, but there are several factors you need to understand before moving…
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The provisional waiver also known as the stateside waiver is a waiver authorized by law to waive the 3- or 10-year bar from seeking an immigration benefit resulting from a…
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The answer to this question is not easy to answer because there is no existing law or binding court decision that has formally addressed this issue. Both bars occur after…
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Under immigration law there two legal concepts that could potentially bar a noncitizen of the United States in seeking an immigration benefit. Legal or lawful immigration status relates to the…
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These are two immigration concepts addressing the physical presence of a noncitizen in the United States.
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Entering the end of President Biden’s first full year, there are a few noticeable trends to note with respect to the government’s enforcement policies against noncitizens living in the United…
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Generally, “Nolo Contendere” is pleading no contest to a criminal charge. Unfortunately, a plea of no contest will still be considered a conviction and expose you to immigration consequences as…
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USCIS offers immigration services to those affected by unforeseen circumstances such as natural disasters.
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The goal in preventing deportation/removal is not to avoid departure from the United States, but to facilitate the green card under the difficult circumstances presented by a deportation court case.
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U.S. Immigration law requires a noncitizen applying for asylum relief to file their application for asylum, form I-589 before EOIR or USCIS within 1 year of entering the U.S.
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The Department of Homeland Security issued final rules that created significant changes in the processing of Asylum based employment authorization applications.
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Asylum is a form of humanitarian-based relief designed to offer protection to certain victims of persecution based on their race, religion, nationality, political opinion, or membership in a particular social…
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One of the most significant factors that could help a noncitizen facing a removal proceeding to fight to stay in the U.S. is the amount of time the noncitizen has…
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In order to register as a lawful permanent resident, the child of a foreign diplomatic officer must maintain continuous residence in the U.S.
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A child born in the U.S. to one parent who is a foreign diplomatic officer listed on the Blue List does not receive U.S. citizenship unless the other parent is…
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A diplomat who had a child born in the U.S. should first confirm whether they appear on the official list of foreign diplomatic officers, then may consider whether to register…
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The Department of Homeland Security has announced on May 25, 2021 that temporary protected status has been extended to Burma nationals. This designation will initially run from May 25, 2021…
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This waiver is designed to give an Immigration Judge authority to waive or forgive any fraud related act used to obtain a green card.
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An immigration a.k.a. an individual hearing or merits hearing. At the individual hearing, you will be allowed to explain circumstances that led to the violation
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I have written a mandamus complaint in response to the government’s unreasonable delay in deciding my immigration petition. What happens now? How is the government likely to respond? As discussed…
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The Department of Homeland Security has announced that Venezuela has been designed for Temporary Protected Status (TPS) for 18 months, from March 9, 2021 through September 9, 2022. TPS is…
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As discussed in an earlier blog post, one option to respond to the government’s unreasonable delay on adjudicating an immigration petition is to sue them through a mandamus action. The…
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I currently have no legal immigration status in the United States and after years of working with my current employer, my current employer wants to help me obtain my green…
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When the government has unreasonably delayed a decision on an immigration petition, one option to force the government to act is to sue. The specific name for this legal action…
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DHS has announced that it has taken steps to comply with the December 4, 2020 federal district court order requiring them to restore the Deferred Action for Childhood Arrivals (DACA)…
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