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ALEX PADILLA MAKES HISTORY AS CALIFORNIA’S FIRST LATINO U.S. SENATOR

In an historic political appointment by California Governor Gavin Newsom, Alex Padilla has been selected as California’s First Latino U.S. Senator-designate, taking Vice President-Elect Kamala Harris’ Congressional seat. The 47-year-old Padilla is the son of Mexican immigrants who came to the United States and worked as a cook and a housekeeper.  Padilla began his political career and activism as a member of the Democratic party in response to California’s Proposition 187, which excluded illegal immigrants from…

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DACA VICTORY: NEW DREAMERS CAN NOW APPLY FOR DEFERRED ACTION

Federal Judge Nicholas Garaufis of the US District Court for the Eastern District of New York officially ordered the Trump administration to restart DACA (Deferred Action for Childhood Arrivals). Indeed, he ordered the Department of Homeland Security (DHS) to post a public notice by today, December 7, 2020, to accept first-time applications and ensure that work permits are valid for two years.  He also ordered DHS to process renewals and advance parole requests based on Obama-era…

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FIRST IMMIGRANT AND FIRST LATINO TO POSSIBLY HEAD THE DEPARTMENT OF HOMELAND SECURITY

Alejandro Mayorkas, former Deputy Secretary of the Department of Homeland Security and former Director of the USCIS during the Obama administration, has been proposed by President-Elect Joe Biden as a leading contender to become both the first Latino and the first immigrant to lead the Department of Homeland Security (DHS), the third largest federal department in the United States. Indeed, Mayorkas, who was born in Havana, was forced to flee Cuba during Fidel Castro’s 1959 Revolution.…

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EXCITING NEWS ABOUT DACA: FEDERAL JUDGE RULES DACA SUSPENSION INVALID

On Saturday, November 14, 2020, U.S. District Judge Nicholas Garaufis of New York ruled that because the acting secretary of the Department of Homeland Security (DHS), Chad Wolf, assumed his position unlawfully, his suspension of the Deferred Action for Childhood Arrivals (DACA) program, was consequently invalid. In Judge Garaufis’s ruling, he wrote that the DHS failed to follow the appropriate mandated order of succession when then-secretary Kirstjen Nielsen resigned in April 2019. The legal battle, partisanship,…

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BIDEN AS PRESIDENT: NEW HOPE FOR IMMIGRANTS

President-elect, Joe Biden’s victory has signaled a new and more hopeful era for immigrants.  Biden’s pro-immigration stance has translated into his well-articulated pledges to reverse the sweeping anti-immigrant policies and xenophobic changes President Trump has made to the American immigration system.  Indeed, Biden’s position paper on Immigration contains 51 bullet points that fill 22 pages where he explicitly states his mission to reenact pro-immigrant Obama-era policies. According to a July 2020 report set forth by the…

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A HEARTFELT THANK YOU TO OUR SUMMER LAW INTERN, KAYLAN PURISIMA

At the Shulman Law Group, we would like to take the opportunity to recognize and express our gratitude for this year’s summer Immigration Law Intern, Kaylan Purisima.  We wish to extend a sincere thank you to Kaylan for her stellar work ethic, her passion for the field of immigration law, and her exceptional analytical and writing skills.  Particular appreciation is extended to Kaylan for her assistance with conducting research and writing blogs for our firm’s website…

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PRIMER – MILITARY PAROLE IN PLACE (PIP)

Parole in Place is a discretionary option of relief for the families of U.S. military members, veterans, and enlistees on decided on a case-by-case basis for “urgent humanitarian reasons” or “significant public benefit.” Those who are granted PIP are given authorization to stay and work in the United States. Moreover, they are considered “paroled” into the U.S., which affects their eligibility to apply for a Green Card inside of the United States. Those granted Parole in…

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PRIMER – CANCELLATION OF REMOVAL FOR LAWFUL PERMANENT RESIDENTS

If a lawful permanent resident commits a crime and is placed in Removal Proceedings, they may qualify for a form of relief called Cancellation of Removal. To qualify for this relief, it must be proven that the following conditions apply: the person has been a lawful permanent resident for at least 5 years, they have continuously resided in the U.S. for at least 7 years after being admitted in any status and until the stop-time rule…

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PRIMER – CANCELLATION OF REMOVAL FOR NON-PERMANENT RESIDENTS

Cancellation of Removal is a form of deportation relief available to non-legal permanent resident aliens who are currently in Removal Proceedings. To qualify for this benefit, the undocumented individual must prove to an Immigration Judge the following: they have maintained continuous physical presence in the United States for 10 years or more, they have been of good moral character for the past 10 years, and their removal would result in exceptional and extremely unusual hardship to…

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PRIMER – SPECIAL IMMIGRANT JUVENILES

Certain immigrants under 21 years of age who have been abused, neglected, or abandoned by one or both of their parents may qualify for an immigration classification called Special Immigrant Juvenile (SIJ). If SIJ classification is granted, these immigrants can qualify for a Green Card. To be eligible for this status, the alien must meet the following requirements: be under 21 years old; be currently living in the United States; be unmarried; have a valid juvenile…

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