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Obtaining Citizenship Through Marriage To An American Citizen

, Posted in Immigration Law

Green card holders, or permanent residents, who have been living in the country under that status for a period of at least three years and have been in marital union with the same U.S. citizen spouse during such time in this country, can apply for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) provided they meet certain eligibility requirements. (In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless…

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Obama Announce Executive Action On Immigration – What It Is And What Its Not

, Posted in Immigration Law

After months of anticipation both by immigration activists and political opponents of the President, Barack Obama went on television last night to announce the issuance of a new executive order addressing some of the country’s most pressing immigration issues. As many different people are seeking to characterize the new policy in different ways, it is important to understand what his order will do and what it will not do. First, it will create a new program…

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Qualification For Section 212(H) Waivers

, Posted in Immigration Law

Under Section 212(h) of the INA, “The Attorney General may, in his discretion, waive the application of certain crimes or a drug crime insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana… provided certain other conditions are met. Such necessary conditions required to be demonstrated to the satisfaction of the Attorney General (or ostensibly his or her designee) include: The activities for which he was convicted or…

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Examples Of Asylum For Central American Migrants

, Posted in Immigration Law

Since the influx of many migrant children, as well as adults from the Central American countries of El Salvador, Honduras and Guatemala, a revamped, expedited system of removal and asylum cases has heard hundreds of cases of these individuals detained by federal agents at the southern border. The AILA Pro Bono Project has compiled a list of some of the relatively, small number of cases in which asylum was granted. A review of some of these…

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Immigration Groups Pressure The President To Act Soon And Act Big

, Posted in Immigration Law

Latino activists wasted no time making it clear that, with the midterm elections now past, they expect significant action on issues relating to immigration in the very near future. Stung by President Obama’s decision to delay any executive action on his part, various groups have come out demanding expansive measures particularly in the area of deportations. “The midterms have come and gone, and the clock has started ticking on the 2016 race, Janet MurguÍ­a, president and…

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The President’s Promise And Realigned Congress Reignites Immigration Debate

, Posted in Immigration Law

With the midterm elections now in the rearview mirror, the debate over comprehensive immigration reform and the President’s willingness and authority to act unilaterally come back to the fore. The Republican Party has now taken control over the United States Senate and strengthened its majority position in the House of Representatives. Last year the Senate passed a comprehensive immigration reform bill, which seeks to enhance border security, provide a path to eventual citizenship for undocumented individuals,…

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Attendance By Migrant Children At Immigration Hearings Higher Than Expected

, Posted in Immigration Law

Over the last several months as children from Central America arrived at the southern border to be apprehended by border agents, these children – as well as some of the adults accompanying them – were released to various shelters or private residences. But they were given notices to appear at court dates in cities which, in some instances, were quite far from where they were temporarily residing. Critics of these placements suggested that few of the…

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Counties Devise Differing Policies Regarding Ice Detainers

, Posted in Immigration Law

During the last several months county sheriffs in a vast array of jurisdictions have adopted policies refusing to enforce detainers on inmates held in their jails issued by U.S. Immigration and Customs Enforcement (ICE). Joining that list now is the largest county in the Baltimore area. Montgomery County officials said Tuesday they will no longer comply with federal requests to hold illegal immigrants beyond their scheduled release date unless ICE can demonstrate the person is likely…

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USCIS Revamps Self-service Verification System For Employees

, Posted in Immigration Law

Last year the U.S. Citizenship and Immigration Services (USCIS) renamed its self-service E-Verify Self Check program to myE-Verify. Now this online system which enables individuals to check the status of their eligibility to work in the United States is being expanded and revamped. The USCIS just announced that its new website will be “a one-stop shop for employees to create and maintain secure personal accounts and access new features for identity protection. Although myE-Verify will only…

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Star Of Real Housewives Facing Potential Deportation

, Posted in About Shulman Law

Television star, Joe Giudice just pleaded guilty to bank and mortgage fraud and received a sentence of three years and five months in prison with the sentence to begin only after his wife, Teresa finishes her 15-month sentence. But the upcoming jail time and disruption of his family (Teresa and he have four daughters) may be just the beginning of his legal problems. Because of the nature of his offenses, he could be subject to deportation…

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