Posted on February 15,2023 in Immigration

If you are an immigrant in the United States, the possibility of deportation may be weighing on your mind. There are a wide variety of reasons that people are detained by immigration officials, including entering the U.S. without authorization, remaining in the country after the expiration of a temporary visa, or committing certain types of crimes. Even if you have made a home in the U.S. and established ties to your community through family relationships and employment, you could be forced to leave the country. To prevent this from happening, you may need to understand the options for defense against deportation, including determining whether you may be eligible for cancellation of removal.

What Is Cancellation of Removal?

Cancellation of removal is a form of relief from deportation that allows immigrants with certain qualifications to stay in the U.S., even if they have violated immigration laws or may be required to leave the country because they have not maintained a legal immigration status. If cancellation of removal is granted, a person may be allowed to remain in the United States, and they may be granted lawful permanent resident status, or they may be able to use waivers of inadmissibility when applying for a Green Card.

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 Posted on January 06,2023 in Immigration

Over the past few years, immigration officials in the United States have used a rule put in place by the administration of President Donald Trump to quickly expel certain types of people who entered the country illegally. This rule, known as Title 42, was created in March of 2020 in response to the COVID-19 pandemic, and its stated purpose was to prevent the spread of infections by immigrants entering the country. However, even though the threat of COVID-19 has decreased, this rule has remained in place, and it has allowed officials to expel 2.5 million people from the U.S.

While it may seem clear that Title 42 is no longer necessary to address health risks, multiple states have argued that the policy should remain in place. They have claimed that ending Title 42 would result in a wave of migrants entering the country, leading to serious problems as states struggle to provide the necessary housing and services. In November of 2022, a federal judge ruled that Title 42 was unlawful, and the policy was scheduled to end on December 21, 2022. However, 19 states pursued legal action to contest this ruling, and on December 27, 2022, the U.S. Supreme Court issued an order requiring Title 42 to remain in place until it reaches a decision on whether the states should be allowed to fight the judge's decision.

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 Posted on December 22,2022 in Immigration

Immigrants to the United States may face a number of obstacles as they seek authorization to enter or remain in the country, obtain lawful permanent resident status, or become U.S. citizens. One important factor that can have an impact on an immigration case involves criminal convictions that occurred in the past. If you are an immigrant to the U.S. who has been convicted of a crime, you will need to understand how your conviction will affect your immigration status. 

Criminal Convictions Can Lead to Deportation 

One of the biggest consequences of having a criminal conviction as an immigrant is that it could lead to deportation proceedings in certain cases. Depending on the severity of the charge and any other factors involved, such as aggravating circumstances or prior offenses, a criminal conviction could result in removal from the country. "Deportable offenses" include:

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 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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