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Foreign Nationals Of Ebola-stricken Countries Seek Temporary Protective Status

, Posted in Immigration Law

The federal Department of Homeland Security (DHS) possesses executive authority under the Immigration and Nationality Act   to create special programs for immigrants coming from some countries or areas where unique circumstances have imposed difficult burdens on natives of those countries. Earlier this year the DHS had announced formation of a temporary program to reunite Haitian immigrants with their family members in the United States. Now, in the wake of the spread of the Ebola virus in…

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In-state Tuition Of Undocumented Immigrants Available For New Jersey Students Fo

, Posted in Immigration Law

It has now been about one year since Governor Chris Christie signed in to law a bill that has allowed a portion of New Jersey’s undocumented residents to be eligible for in-state college tuition starting in January 2014. In taking that step, New Jersey became the 16th state in the country to permit such immigrants the ability to access in-state tuition rates at its public institutions of higher learning. Two other states allow undocumented immigrants to pay such rates…

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Symbolic Vote By House Against President’s Immigration Plan

, Posted in Immigration Law

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…

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

, Posted in Immigration Law

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…

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Immigration Policy Attracts Foreign Entrepreneurs

, Posted in Immigration Law

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…

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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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