Immigration Law

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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PRIMER – TEMPORARY PROTECTED STATUS

Temporary Protected Status (TPS) is a temporary immigration status given to nationals of certain countries experiencing problems such as ongoing armed conflict, an environmental disaster, an epidemic, or other extraordinary conditions that render it difficult or unsafe for the nationals to be deported there. It allows for a work permit and the ability to travel. TPS beneficiaries are protected from removal from the United States. The countries currently designated for TPS per the Secretary of Homeland…

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PRIMER – FALSE CLAIMS TO U.S. CITIZENSHIP

A false claim to citizenship is when a non-U.S. Citizen claims to be a U.S. citizen to obtain a benefit under federal or state law. This offense carries severe consequences and takes away almost all possibilities to gain legal status, as there is no waiver to forgive this offense. An individual who is removed on the grounds of a false claim to citizenship is permanently inadmissible and cannot return to the United States. Some possible examples…

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INTERNATIONAL STUDENTS MAY BE FORCED TO LEAVE THE UNITED STATES

U.S. Immigration and Customs Enforcement (ICE) has announced that if F1 or M1 visa holders’ institutions changed to a fully online format in the fall, these visa holders would need to leave the country or risk removal. ICE has offered that they could switch to an institution with in-person classes. If they are not currently in the country, they will be barred from entry. An F1 visa is issued to students who are attending a university…

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DRIVE-THRU NATURALIZATIONS

Naturalization is the way in which a person not born in the United States voluntarily becomes a U.S. citizen. A person is eligible to apply for naturalization if he or she is at least 18 years old when filing the Form N-400 (Application for Naturalization) and has been a legal permanent resident for at least 5 years (or 3 years if married to a U.S. citizen). There are other eligibility requirements, such as good moral character.…

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PRIMER – UNLAWFUL PRESENCE

Unlawful presence under U.S. immigration law is defined as the period of time that a person is in the United States without being admitted or paroled, and are not in a “period of stay authorized by the Secretary [of Homeland Security].” A person accrues unlawful presence if they are in the United States without being admitted or paroled or if they have remained after the expiration of their authorized period of stay. The law provides exceptions…

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PRIMER – K-1 VISA

The K-1 visa, otherwise known as the fiancé(e) visa, allows U.S. Citizens to legally bring their foreign-born fiancé(e) to the United States to get married and eventually establish permanent legal residency. To obtain this visa, the marriage must take place within 90 days of the fiancé(e)’s arrival into the United States. Furthermore, the marriage must be of good faith, in order words, a bona fide marriage with the intent to spend the rest of their lives…

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