Immigration Law

Expansion Of 601A Unlawful Presence Waiver

The accrual of unlawful presence in the United States has devastating effects on both foreign nationals and their qualifying relatives due to the threat of separation. Thousands of immigrants currently eligible for permanent residence through a family member are required to leave the United States to attend an interview at the United States Embassy in their country of origin. For many, this journey of departing the United States triggers a bar which essentially prohibits them from…

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Immigration Court Backlog Reaches Half Million Pending Cases

The Immigration Court backlog has reached half a million pending cases. Specifically, the Justice Department's Executive Office for Immigration Review confirmed that there are now 500,051 pending immigration cases in the agency's courts, which represents a steady rise in recent years. Edward Shulman, Esq., founder of The Shulman Law Group, a New Jersey immigration law firm, was asked what this backlog means practically.  He stated: "it breaks my heart to learn that many of my immigrant…

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Spanish-speaking Vice Presidential Running Mate Tim Kaine Is Pro Immigration

Senator Tim Kaine of Virginia has been selected as Hillary Clinton's Vice-Presidential running mate.  The choice of Kaine has immigration advocates and the Hispanic community at large exceedingly energized and hopeful.  The reasons for the enthusiastic support of Kaine are essentially fourfold: 1) Kaine has a proven track record of supporting immigration reform and a pathway to citizenship; 2) Kaine is fluent in Spanish and prides himself on speaking directly to and with Hispanics; 3) Kaine…

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Clinton Vows To Expand President Obama’s Immigration Executive Action

Following a deadlocked Supreme Court decision last month that effectively terminated President Obama’s immigration Executive Order, Hillary Clinton has vowed to restore the program which would have protected the parents of children who are in the country legally and expand benefits to people who were brought to the United States as children.  In fact, in a speech before the National Convention of the League of United Latin American Citizens last Thursday, she strongly expressed her intention…

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Philadelphia To Host Immigration Forum At DNC

On July 25th, the opening day of the Democratic National Convention (DNC), Philadelphia Mayor Jim Kenney will join Bill de Blasio, the Mayor of New York, and Greg Stanton, the Mayor of Phoenix, for an Immigration Forum, to be held at the National Museum of American Jewish History in Philadelphia.  It is said that the goal of the forum will be to discuss immigration issues impacting our cities and our nation and to brainstorm about how…

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What Is A K-1 Fiancé(E) Visa?

If you are a citizen of the United States and your fiancé(e) is currently living outside of the United States, you may obtain a specialized visa for him/her.  The K-1 nonimmigrant visa entitles the visa applicant to enter the United States lawfully, with the intention of marrying an American citizen.  Importantly, the foreign national is required to marry his or her U.S. citizen petitioner within 90 days of entry or depart the United States.  In addition,…

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What Is The Naturalization Test?

In order to become a naturalized citizen of the United States, it is imperative that you pass the Naturalization Test.  At your Naturalization Interview, you will first be asked questions about your application, your personal history, and your immigration background.  You will also be required to take an English language test and a Civics test which assesses your knowledge of U.S. history and government. The English component of the test consists of speaking, reading, and writing. …

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What Is Unlawful Presence?

Unlawful presence (ULP) is an immigration status violation that applies to individuals who have been unlawfully present in the United States, either after the expiration period of an authorized stay or any presence without being formally admitted or paroled into the United States. Simply stated, unlawful presence starts when a foreign national does one of two things: (1) enters without inspection, or (2) overstays a visa. Unlawful Presence is triggered upon one's departure from the United…

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Clinton Proposes Formation Of New Office Of Immigrant Affairs

Presidential hopeful and Democratic Primary Front-Runner Hillary Clinton announced yesterday that if elected President, she would create a new "Office of Immigrant Affairs."  She explained that she would dedicate a place in the White House in which to coordinate integration policies across the Federal Government, explaining that her goal would be to ensure that "immigrants, refugees, and children become fully integrated members of their communities and country."  The New York State Immigrant Action Fund, who has…

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Immigration Detention Facilities Undergoing Inspections

Immigrant rights groups and private immigration attorneys have long discussed the oft-times deplorable conditions in many immigration detention facilities.  Due to growing evidence pointing to the prevalence of inhumane conditions of detention, this week the Department of Homeland Security (DHS), Office of Inspector General (OIG), revealed that a new program will be put in place wherein unannounced inspections will be made of detention facilities in an effort to begin a remediation program to correct deficiencies and…

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