Immigration Law

Symbolic Vote By House Against President’s Immigration Plan

The House of Representatives in a party-line vote passed a resolution rebuking President Obama for issuing an executive order providing deportation relief to millions of undocumented individuals. Although the measure won approval by a 219-197 vote, it is unlikely to have anything more than symbolic value for Republican congressmen who promised to oppose the President’s unilateral action. The Senate, still under control of Democrats until 2015, will not entertain the resolution during the balance of this…

Read MorePosted on

Actress From Orange Is The New Black Provides Moving Account Of Her Parents’ Deportation

For many Americans, the notion that their parents may be detained and deported by immigration officials, such as ICE (Immigrations and Customs Enforcement) agents, on a moment’s notice is difficult to comprehend. It is for this reason that the appearance by Dianne Guerrero, who plays Maritza Ramos on the popular Netflix program, Orange is the New Black, on the MSNBC show All In with Chris Hayes was so remarkable. On the program she detailed what it was like at age 14…

Read MorePosted on

Immigration Policy Attracts Foreign Entrepreneurs

The United States has often used its immigration law as a means to achieve additional goals beyond the obvious goal of allowing for a fair system for foreign persons to come to this country legally. In the instances of interpreters from Iraq or Afghanistan who aided coalition forces in the recent wars, the law provides for them to apply for residency here. And for residents who fear violence or persecution if they were to return to…

Read MorePosted on

Obtaining Citizenship Through Marriage To An American Citizen

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…

Read MorePosted on

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

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…

Read MorePosted on

Qualification For Section 212(H) Waivers

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…

Read MorePosted on

Examples Of Asylum For Central American Migrants

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…

Read MorePosted on

Immigration Groups Pressure The President To Act Soon And Act Big

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…

Read MorePosted on

The President’s Promise And Realigned Congress Reignites Immigration Debate

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,…

Read MorePosted on

Attendance By Migrant Children At Immigration Hearings Higher Than Expected

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…

Read MorePosted on