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Second Circuit Orders Bia To Consider “duress As Defense For Asylum

, Posted in Immigration Law

Foreign nationals in the United States who fear that, if required to leave the United States and return to their native country, they will be persecuted have the option of seeking asylum here and also requesting withholding of removal from this country. If the Immigration Judge who hears the applicant’s case denies the petition, the applicant can appeal it to the Board of Immigration Appeals (BIA) which will review the lower court’s ruling. And an order…

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T Visas For Victims Of Human Trafficking

, Posted in Immigration Law

Sex trafficking occurs when people are forced or coerced into the commercial sex trade against their will. In the United States, the Trafficking Victims Protection Act of 2000 (TVPA) defines labor trafficking as: “The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. According to the State Department’s Trafficking in Persons…

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Removal Of Barriers For Undocumented Students To Obtain In-state Tuition

, Posted in Immigration Law

Over the last several months several states have taken steps to make it easier for undocumented noncitizen students who live in their states to go to college there. Governor Jay Inslee of Washington State announced that he expects to sign legislation that provides grants to students whose families meet income and residency guidelines.  This means that Washington will become the 5th state after California, Illinois, Texas and New Mexico to offer this kind of financial aid…

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The Bitter Political Ironies Of Comprehensive Immigration Reform

, Posted in Immigration Law

After the votes were tabulated from the 2012 Presidential election, the prospects for Congress and the President to reach an agreement on comprehensive immigration reform appeared much brighter than before. The conventional wisdom stated that Republicans would look at the poor showing their presidential candidate, Mitt Romney, had with Hispanic voters (who overwhelmingly view passage of a suitable reform package an absolute necessity at this juncture) as a wake-up call. It seemed manifestly clear after Governor…

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Special Green Cards Available For Iraqi And Afghan Translators

, Posted in Immigration Law

Recently the plight of Iraqi and Afghan interpreters who aided American troops during our wars in those countries has been highlighted in the American media. Last month NBC News ran a segment about an Afghan translator named Mohammad who has been hunted by the Taliban after he served the U.S. Marines fighting in Afghanistan. He has already paid a huge price for his assistance to the United States: the murder of his father and the abduction…

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Warnings About Potential Deportation Before Tendering Guilty Pleas

, Posted in Immigration Law

The issue of whether a criminal defendant has to be advised about the impact a criminal conviction may have on his status, as a non-citizen to be deported, has been a very salient one ever since the 1996 passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. That law expanded the number of criminal offenses which could trigger a deportation. In New Jersey, the State Supreme Court, almost five years ago, held that…

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Educating & Protecting Businesses That Employ Immigrant Workers

, Posted in Immigration Law

When highly technical skills are found in undocumented individuals, legal gymnastics of olympic proportions are needed to allow businesses to use those workers. The need for skilled workers in specialized fields is great. Many times, these positions are best filled by people from other countries. When this happens, it is not uncommon for the business that employed the worker to face investigation by the US Citizen and Immigration Services (USCIS). The role of the USCIS in…

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Change In Republican Reviews On Immigration Paving Way For Reform

, Posted in Immigration Law

Along with President Obama’s re-election in November 2013 came a renewed interest in immigration policies by many Republican leaders. Historically, the Democrats have been the congressional party members who have introduced, supported, and voted upon bills to effectuate positive immigration legislation.  In a time where party politics is more important than ever, in order to stay relevant, many Republicans are now reaching out to their Hispanic voting constituents.  With Republicans softening their previous stance of opposition…

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Canada’s Elimination Of Investor Visas Opens The Door For Eb-5 Visas For Chinese

, Posted in Immigration Law

On Tuesday, February 11, 2014, the Canadian parliament moved to eliminate investor visas which previously allowed foreign investors to apply for permanent residency in Canada if they had a minimum net worth of 1.6 million Canadian dollars and invested 800,000 Canadian dollars in an interest-free loan to the government.  With the abolition of this visa, an estimated 65,000 applications which have been pending, will now be considered defunct. The elimination of Canada's investor visa program paves…

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Uscis Extends Tps For Nicaragua & Honduras

, Posted in Immigration Law

USCIS extended the designation of Nicaragua and Honduras for Temporary Protected Status (TPS) for 18 months from 7/6/13 through 1/5/15. The re-registration period runs from 4/3/13 through 6/3/13. Employment authorization for Nicaraguan and Honduran TPS beneficiaries has been automatically extended through 1/5/14 to ensure continuity of employment authorization while USCIS processes new EADs for re-registrants.

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