Immigration Law

PRIMER – DEPORTATION AND REMOVAL PROCEEDINGS

Under current U.S. immigration law, an important distinction in defining whether certain laws will apply to an alien in removal proceedings is if the person has ever been officially admitted to the United States. Admission is generally defined as “the lawful entry of [an] alien into the United States after inspection and authorization by an immigration officer.” In other words, if you arrived in the U.S. lawfully and were inspected by an officer, you have been…

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PRIMER – REMOVING THE CONDITIONS ON PERMANENT RESIDENCE

The immigration form I-751 is otherwise known as the Petition to Remove Conditions on Residence. If you have a conditional Green Card, you must file the I-751 form to request that U.S. Citizenship and Immigration Services (USCIS) remove the conditions on your Green Card. You receive a conditional Green Card if you have only been married to your U.S. citizen or legal resident spouse for less than 2 years when your petition for a Green Card…

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PRIMER – IMMEDIATE RELATIVES AND PREFERENCE RELATIVES

In U.S. immigration law, immigrants can gain legal resident status through relatives who are either green card holders or U.S. citizens. There are two classifications of relatives: immediate relatives and preference relatives. An immediate relative is the spouse of a U.S. citizen, the unmarried child under 21 years of age of a U.S. citizen, or the parent of a U.S. citizen (if the U.S. citizen is 21 or older). Therefore, if you are any of these…

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SUPREME COURT HEARS IMPORTANT CHALLENGE TO REMOVAL PROCEEDINGS

Agusto Niz-Chavez, a citizen of Guatemala, arrived in the United States unlawfully in 2005. In 2013, he received a Notice to Appear (“NTA”). An NTA is a document an immigrant may receive placing him or her in Removal Proceedings.  The NTA instructs the intending immigrant to appear before an Immigration Judge at a certain place, date and time. When one receives this document, it commences removal proceedings. However, in Niz-Chavez’s NTA, no time or place for…

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TRUMP IMPLEMENTS INITIATIVE TO DEPORT NON-MEXICAN ASYLUM SEEKERS AT SOUTHERN BORDER

The Trump administration, in a joint effort between the Department of Homeland Security and the Justice Department, has been in the process of implementing an experimental pilot program along the Southern Border of the United States designed to fast track the processing and deportation of asylum seekers from all over the world. The goal is essentially to render non-Mexican immigrants ineligible for asylum when they reach the United States. Reportedly, this new initiative is part of…

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JULIAN CASTRO EMERGES AS THE MOST PASSIONATE PROPONENT OF IMMIGRATION REFORM DURING FIRST OF DEMOCRATIC PRESIDENTIAL DEBATES

Political pundits and commentators are not only touting Julian Castro as the winner of the first Democratic presidential debate, but the most informed and outspoken proponent of comprehensive immigration reform among the large field of candidates. Noteworthy is the fact that Castro was the first presidential candidate to put forward a comprehensive immigration plan and to define immigration as central to his campaign. In fact, when asked about what he would do in his first hundred…

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TRUMP REELECTION CAMPAIGN THREATENS MASS DEPORTATIONS

As President Trump officially kicked off his 2020 reelection campaign with a rally in Orlando, he threatened to intensify immigration enforcement efforts and to deport millions of undocumented immigrants in the United States. He stated that Immigration and Customs Enforcement (ICE) will begin deportations that will be like a “rocket docket“, meaning cases of high-priority will be expediently placed in front of an already long administrative line. Notwithstanding Trump’s history of oft-times hysterical and hyperbolic pronouncements…

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U.S. HOUSE OF REPRESENTATIVES PASS THE “AMERICAN DREAM AND PROMISE ACT OF 2019”

The House of Representatives passed the "American Dream and Promise Act of 2019," last night. The act, which had a unanimous affirmative vote by every single Democrat in the House, offers a path to Citizenship for individuals who were brought to the United States as children, known as DREAMers. This legislation, which impacts approximately 2.5 million immigrants whose legal protections President Trump has strategically moved to upend, via the termination of the DACA (Deferred Action for…

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NEW IMMIGRATION PLAN TO MINIMIZE FAMILY-BASED IMMIGRATION

President Trump is gearing up to unveil a new immigration plan that will reportedly serve as a central part of his re-election campaign message, with a projected twofold purpose: 1. to impose new security measures at the U.S.-Mexico border; and 2. to increase the education and skills requirements for people allowed to migrate to the United States. He is scheduled to reveal some of the details of this proposal during a Rose Garden ceremony this afternoon.…

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PRESIDENT TRUMP ISSUES ORDER TO DENY ASYLUM SEEKERS AT U.S. SOUTHERN BORDER

One week after President Trump announced that he would send thousands of troops to the southern border, he set forth another anti-immigrant order today, spearheaded by Stephen Miller, one of his hard-line governmental aides. Specifically, he signed an official executive proclamation today that essentially denies asylum to undocumented individuals who enter the United States via the southern border. The executive order bars all asylum claims outside of specified ports of entry. When queried about this new…

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