People who are inadmissible are not permitted by U.S. Immigration Law to enter the United States or get a green card or immigrant visa unless they apply for a waiver which "forgives" the person's inadmissibility. There are many ways to present a strong waiver case, and there are some factors that the USCIS considers particularly strong and they should be highlighted if they apply. Learn more about how to present a strong waiver case.
As the holidays approach, it is important to remember that this a time in the U.S. when there have historically been spikes in incidents of domestic violence. Noncitizens in the U.S. who are also experiencing intimate partner violence may feel that their immigration status is an additional barrier to leaving their partner or getting help. While many factors make it extremely hard to leave a relationship, it is important to know that there are immigration options available if you are an immigrant and this blog post discusses generally some of them.
On Friday, August 3, 2018, U.S. Federal Judge John Bates ruled that the Trump administration's decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was made on unreasonable grounds or without any proper consideration of circumstances, and that it must fully restore the program with a 20-day postponement until August 23, 2018, to allow the government to respond and appeal.
UPDATED JULY 30, 2018
On July 5, 2018, U.S. Citizenship and Immigration Services (USCIS) published new guidance, dated June 28, 2018, regarding Notices to Appear (NTA). An NTA is a charging document that is issued to foreign nationals, placing them in removal proceedings and directing them to appear before an immigration judge. Immigration advocates fear that this will new policy will make immigrants more vulnerable and have a chilling effect on communities of color.
UPDATED JULY 30, 2018
On July 5, 2018, U.S. Citizenship and Immigration Services (USCIS) published new guidance, dated June 28, 2018, regarding Notices to Appear (NTA). The issuance of an NTA commences removal proceedings against the alien. An NTA is a charging document that is issued to foreign nationals, placing them in removal proceedings and directing them to appear in immigration court before an immigration judge. Learn how this new policy may affect you.
The Trump administration recently issued a memorandum to end the “catch and release” policy at the border and directing other enhancements to immigration enforcement.
The Customs and Border Protection (CBP) will use a mobile app on Android called Android Team Awareness Kit (ATAK or Team Awareness Kit), a GPS communications tool that gives a real-time view of the area of operation, to enable their frontline personnel easily detect unauthorized border crossings.
We attended an event hosted by the New York City Bar Association, Beyond the Headlines: Examining the Undoing of DACA and TPS and the Legal Response in New York on October 23, 2017. We wanted to share some of our takeaways to help immigrants and their families navigate the legal system in this time of change and uncertainty.
The Provisional Unlawful Presence Waiver is for immediate relatives of U.S. Citizens or Lawful Permanent Residents (LPRs) applying for a green card who are not eligible to adjust their status in the United States because they have accrued more than 180 days of unlawful presence while in the United States. This waiver overcomes the unlawful presence bar, allowing beneficiaries to return to the United States after their immigrant visa interview at a U.S. Consulate abroad.