Posted on November 22, 2022 in Immigration

Since 2020, U.S. immigration officials have used a rule known as Title 42 to expel certain immigrants who were accused of crossing the border illegally without following the standard deportation procedures. While Title 42 was initially put in place during Donald Trump's presidency, it has continued to be used during the administration of President Joe Biden. However, a federal judge recently issued a ruling that struck down this policy, and this may allow some immigrants to avoid expulsion and make their case for why they should be able to remain in the United States.

What Is Title 42?

During the COVID-19 pandemic, the Trump administration took action to issue an order through the Centers for Disease Control and Prevention (CDC) that would allow immigration officials to expel migrants who had entered the U.S. This order was meant to protect public safety by limiting the potential spread of infections by immigrants coming to the United States. Under Title 42, officials have been allowed to quickly expel immigrants from the country, often without giving them the chance to plead their case or provide evidence showing that they were eligible for asylum due to the credible fear of persecution.

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 Posted on October 27, 2022 in Immigration

Receiving a green card is a dream come true for many immigrants. After all, securing permanent residency in the United States comes with a number of benefits, including the ability to live and work in the country indefinitely, access to social services, and, eventually, eligibility for citizenship. Workers who are seeking to immigrate to the U.S., those who are currently in the United States on a temporary work visa, and employers who are planning to sponsor foreign workers for immigration will need to understand the types of immigrant visas that may be available. By working with an experienced immigration attorney, employers and employees can make sure they take the correct steps to apply for employment-based visas and green cards.

Categories of EB Visas

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 Posted on August 09, 2022 in Immigration

People from foreign countries come to the United States for a variety of reasons, and in many cases, they may wish to become permanent residents. Those who are currently living in the U.S. may apply for an adjustment of status, and if their request is granted, they will receive a Green Card and be designated as a lawful permanent resident.

However, the ability to receive an adjustment of status will depend on the type of visa available to a person and multiple other factors. By understanding the options for immigration, a person can make sure they will be able to take the correct steps to live permanently in the United States.

Adjustment of Status for Different Types of Immigrants

A person who is currently present in the United States and who is eligible for a Green Card may apply for an adjustment of status by filing Form I-485 (Application to Register Permanent Residence or Adjust Status) with U.S. Citizenship and Immigration Services (USCIS). Situations where adjustment of status may be available include:

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 Posted on July 26, 2022 in Immigration

During the administration of President Donald Trump, the government put a number of policies in place that affected immigration. In addition to its efforts to build a wall along the border between the U.S. and Mexico, the administration implemented rules that allowed for the detainment and deportation of many immigrants. President Joe Biden has pledged to relax some of these rules and take steps to address the issues affecting immigrants. However, his administration has had trouble doing so due to some recent rulings in federal courts.

Rulings Affecting Title 42 and Prosecutorial Discretion

During the Trump administration, a rule known as Title 42 was put in place, allowing for the expulsion of immigrants without going through many of the standard deportation procedures. This rule was implemented in response to the COVID-19 pandemic, and its stated purpose was to reduce the possibility of infections being spread by immigrants entering the United States.

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 Posted on June 20, 2022 in Immigration

There are many cases where immigrants to the United States may be at risk of harm, but they may be hesitant to report a crime or seek protection because they are concerned about their immigration status. In cases where immigrants are undocumented, entered the United States illegally, or stayed in the U.S. after the expiration of a temporary visa, they may worry that if they report domestic abuse or seek protection for themselves or their family members, they could face deportation. Fortunately, the United States has laws that provide protection in these situations. Under the Violence Against Women Act (VAWA), a victim of domestic violence or abuse may not only receive protection against deportation, but they may also qualify for a Green Card that will allow them to remain in the United States permanently.

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 Posted on May 25, 2022 in Immigration

There are multiple situations where immigrants may be the victims of crime. Unfortunately, this often puts people in a difficult position, since they may be concerned that if they report these crimes or attempt to leave a situation where they or their family members are in danger, they could be detained by immigration officials and deported. However, the laws in the United States provide some protection for immigrants who are the victims of crimes, and depending on a person’s situation, different options for obtaining a visa or Green Card may be available.

U Visas for Crime Victims

Immigrants in the United States who have been the victims of certain types of crimes may apply for a U visa that will protect them from deportation. A person will need to show that they have been the victim of qualifying criminal activity and that these crimes have caused them to suffer significant abuse of a physical or mental nature. Qualifying crimes include murder, manslaughter, domestic violence, stalking, felony assault, kidnapping, false imprisonment, sexual assault, prostitution, and incest, and these crimes must have taken place in the United States or violated U.S. laws. An applicant must cooperate with law enforcement officials during a criminal investigation or the prosecution of a crime.

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 Posted on April 05, 2022 in Immigration

Some of the most common avenues for immigration involve sponsorship by a person who is already living in the United States. Family-based immigration allows U.S. citizens or permanent residents with valid Green Cards to sponsor family members for immigrant visas. However, certain types of visas are also available that will allow U.S. citizens to establish family relationships and provide others with immigration benefits. Fiancé visas are one common way of doing so, and this type of visa will provide a foreign-born person with the right to enter the United States for the purpose of getting married to a U.S citizen. Couples who are planning to get married will need to understand the procedures that will be followed as they work to complete the immigration process.

Steps Followed When Bringing a Foreign Fiancé to the U.S.

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 Posted on March 29, 2022 in Immigration

Russia’s invasion of Ukraine has been devastating for people in the country, as well as Ukrainian citizens around the world. The U.N. is estimating that around 6.5 million people have been displaced from their homes inside Ukraine, and another 3.2 million have fled from the country. Because of the dangerous conditions in Ukraine, refugees who have fled the country are looking to ensure that they will be protected from harm, and Ukrainian citizens will likely want to avoid being forced to return to the country while the war is ongoing. Those who are looking to enter the United States or who are currently in the country will need to understand their immigration options and the protections that may be available.

Refugee and Asylum Protections for Ukrainians

Immigrants who have fled their home countries because they fear for their safety or believe that they will be subject to persecution based on factors such as race, religion, or membership in certain groups may seek to enter the United States as refugees. While the U.S. has only accepted a limited number of Ukrainian refugees so far, the Biden administration is looking to put plans in place to ensure that people who have fled the country will be able to resettle in the United States. Immigrants who have already entered the U.S. may be able to apply for asylum to ensure that they will be able to remain in the country.

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 Posted on February 21, 2022 in Immigration

Immigrants who are looking to come to the United States or those who are already in the country and are seeking permanent resident status will need to meet many different requirements. The process of applying for a visa or Green Card can be complicated, and there are a variety of factors that may affect a person’s ability to enter or remain in the country. Claims that a person has committed marriage fraud can play a significant role in immigration cases, and immigrants and their family members will need to understand when these issues may arise and how they may be overcome.

What Is Marriage Fraud?

Family-based immigration is one of the most common avenues that may provide a person with authorization to enter the United States and take steps to become a lawful permanent resident. A U.S. citizen may sponsor a foreign spouse for an immigrant visa, or they may apply for a fiancé visa on behalf of a foreign citizen, allowing the person to come to the United States, get married, and receive a conditional Green Card. However, a couple’s marriage must be bona fide, and a person cannot enter into a marriage for the purpose of bypassing immigration laws.

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 Posted on January 21, 2022 in Immigration

For immigrants living in the United States, the threat of deportation is a significant concern. After a person has established a life for themselves and their family members in the U.S., being forced to leave the country is likely to cause significant hardship. Fortunately, those who are facing deportation may have options, and in some cases, a person may be able to apply for cancellation of removal. If a person meets certain requirements, deportation proceedings may be ended, and they will be allowed to remain in the United States.

Eligibility for Cancellation of Removal

The requirements for qualifying for cancellation of removal will differ depending on whether a person is a lawful permanent resident with a valid green card. A person may qualify for cancellation of removal if they have had lawful permanent resident status for at least five years, and they have accrued at least seven years of continuous residence in the United States. Lawful permanent residents may be disqualified from cancellation of removal if they have been convicted of an aggravated felony such as murder, sexual assault, drug trafficking, fraud involving at least $10,000, burglary, or bribery.

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