removal

Immigration

New Government Guidance in 2022 on Prosecutorial Discretion

On April 4, 2022, the Department of Homeland Security, provided new guidance which will be effective on April 25, 2022, streamlining the process for designating enforcement priorities and provides greater discretion to government attorneys to exercise Prosecutorial Discretion in individual…

Khadija DerrickApril 28, 2022

Deportation & Humanitarian Immigration Immigration

237(a)(1)(H) Waiver

This waiver is designed to give an Immigration Judge authority to waive or forgive any fraud related act used to obtain a green card.

Khadija DerrickApril 14, 2021

Immigration

Noncitizens Seeking a Green Card Pending Removal

Potential options for noncitizens seeking a green card with pending removal orders.

Khadija DerrickApril 2, 2021

Family Immigration Immigration Visa Waivers

Potential options for noncitizens subject to permanent bar based on unlawful presence.

So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…

Jenny ZhanFebruary 18, 2021

Immigration

The Permanent Bar based on prior removal

I am a US citizen and want to file a petition for a green card for my spouse. During his initial attempts to enter the United States 10 years ago, he was apprehended by border patrol agents and deported from…

Jenny ZhanJanuary 13, 2021

Deportation & Humanitarian Immigration Immigration White House & President Immigration News

Removal proceedings policies that may change/return under the Biden Harris administration

Return of Administrative Closure? Overview: Administrative closure has been considered an administrative tool available to immigration judges used to administer their dockets as a way to prioritize their caseloads by being able to suspend or place on hold certain immigration…

Jenny ZhanNovember 9, 2020

Immigration

The Permanent Bar based on prior removal

Jenny ZhanOctober 29, 2020

Deportation & Humanitarian Immigration Immigration

What happens when a noncitizen of the United States faces Removal Proceedings?

Can a noncitizen with temporary status in the United States be detained by Immigration authorities? Yes, if the noncitizen committed a violation of an Immigration Law that subjects the noncitizen to removal from the United States. Click here for a…

Jenny ZhanJune 19, 2020

Deportation & Humanitarian Immigration Immigration

What are the Reasons for Deportation of someone out of status? Why is someone Deported? (Part 2)

Removing a noncitizen with no legal status or permission to be present in the United States. A noncitizen can be found to be present in the United States without Legal Status or permission and subject to removal including noncitizens who…

Jenny ZhanJune 19, 2020

Deportation & Humanitarian Immigration Immigration

What are the Reasons for Deportation if the person is in status? Why is someone Deported? (Part 1)

Removing or Deporting a noncitizen with legal status These are the noncitizens that have permission to be present in the United States but have committed a violation of Immigration Law that exposes them to losing their status resulting in removal…

Jenny ZhanJune 19, 2020

Family Immigration Immigration

I filed the I-751 Petition to remove conditions on my Green card. Can I travel outside the U.S. after the I-751 petition was filed? Can I keep working once my green card expires?

If you obtained your green card based on a marriage to a U.S. citizen and you have been married to the U.S. citizen for less than 2 years on the day you obtained your green card, your green card will…

Jenny ZhanMay 8, 2020

COVID-19

Coronavirus Update: CDC Public Health Measure Used to Expedite Removal Processes

On March 21, the U.S. Centers for Disease Control and Prevention (CDC) issued a public charge measure that border officials are using to override immigration laws and expedite the removal process. The order is known as the Order Suspending Introduction…

Jenny ZhanApril 13, 2020

Deportation & Humanitarian Immigration Immigration

I’m an immigrant and I’ve been arrested, will I be deported under President Trump’s Executive Actions? What can I do to protect myself from deportation after an arrest?

In his first week of office, President Trump signed several Executive Actions, among them three that directly relate to immigration. One order, Enhancing Public Safety in the Interior of the United States, broadens immigration enforcement priorities, making those that entered…

IanScottFebruary 23, 2017

Deportation & Humanitarian Immigration Immigration

What is a Green Card Option if you are Being Deported? What is Cancellation of Removal? A One Page Summary of Cancellation of Removal

What is Cancellation of Removal? (Deportation is the same thing as Removal) An Immigration remedy that stops your deportation that is available to immediate relatives of U.S. Citizens and Green Card holders; If you do not have a green card…

IanScottJanuary 29, 2017

Deportation & Humanitarian Immigration Immigration

When should I apply for asylum? Is there a deadline for applying?

Asylum is a humanitarian immigration benefit intended to protect people from persecution if returned to their country of nationality. For more information on asylum and other forms of humanitarian relief, please click here. Asylum is a complicated area of immigration…

IanScottDecember 20, 2016

Deportation & Humanitarian Immigration Immigration Questions & Answers

How Will a Trump Presidency Impact Immigration Law? What Will Happen to My Visa now that Trump has been Elected? Will I be Deported now that Trump Won?

Last week I would never have thought that I would be writing an article on how a Trump Presidency could impact immigration but here we are. We have received a flood of calls from the public and our clients asking…

IanScottNovember 15, 2016

Deportation & Humanitarian Immigration Immigration

Eligibility for 601A Provisional Waiver of Unlawful Presence – Some Examples of Possible Successful Strategies

601A Waiver – Some Examples of Possible Successful Case Strategies Many people find themselves in the position of having an approved I-130 application but are ineligible to apply for a green card because they have been in the U.S. without…

IanScottSeptember 18, 2015

Approvals

Motion to Terminate Granted in Complex Removal Case

We recently had a Motion to Terminate a deportation proceeding granted in a complex removal proceeding. This was obtained despite the extensive backlogs in the immigration court system. Our client will receive his work authorization shortly and we hope to…

IanScottApril 21, 2015

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New Government Guidance in 2022 on Prosecutorial Discretion

237(a)(1)(H) Waiver

Noncitizens Seeking a Green Card Pending Removal

Potential options for noncitizens subject to permanent bar based on unlawful presence.

The Permanent Bar based on prior removal

Removal proceedings policies that may change/return under the Biden Harris administration

The Permanent Bar based on prior removal

What happens when a noncitizen of the United States faces Removal Proceedings?

What are the Reasons for Deportation of someone out of status? Why is someone Deported? (Part 2)

What are the Reasons for Deportation if the person is in status? Why is someone Deported? (Part 1)

I filed the I-751 Petition to remove conditions on my Green card. Can I travel outside the U.S. after the I-751 petition was filed? Can I keep working once my green card expires?

Coronavirus Update: CDC Public Health Measure Used to Expedite Removal Processes

I’m an immigrant and I’ve been arrested, will I be deported under President Trump’s Executive Actions? What can I do to protect myself from deportation after an arrest?

What is a Green Card Option if you are Being Deported? What is Cancellation of Removal? A One Page Summary of Cancellation of Removal

When should I apply for asylum? Is there a deadline for applying?

How Will a Trump Presidency Impact Immigration Law? What Will Happen to My Visa now that Trump has been Elected? Will I be Deported now that Trump Won?

Eligibility for 601A Provisional Waiver of Unlawful Presence – Some Examples of Possible Successful Strategies

Motion to Terminate Granted in Complex Removal Case

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