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Recent Blog Posts

When Can a Person Petition for Special Immigrant Juvenile Status?

 Posted on February 14, 2022 in Immigration

ivirng immigration lawyerImmigrants in the United States who are undocumented or who need to defend against deportation may have a variety of options. For those who have experienced abuse, been the victims of crime, or are at risk of harm in other countries, humanitarian relief may be available. Minors who have experienced abuse or neglect may qualify for Special Immigrant Juvenile (SIJ) status, which will allow them to remain in the United States and apply for green cards. When petitioning for this form of relief, a person will need to understand the eligibility requirements and the steps they will need to take to maintain a lawful status in the U.S.

Eligibility for Special Immigrant Juvenile Status

If a person receives Special Immigrant Juvenile status, they will be able to apply to become a lawful permanent resident. SIJ status will provide exemptions to certain issues that may cause a person to be ineligible for adjustment of status, including unlawful entry and employment without authorization. If necessary, a person may also apply for a waiver of inadmissibility for any other issues that would be barriers to adjustment. After receiving SIJ status, a person will be able to apply for work authorization that will allow them to obtain employment while they are applying for a green card.

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Asylum seekers must wait in Mexico once again

 Posted on December 27, 2021 in Immigration

Asylum Seekers Must Wait In Mexico Once Agai

The Biden Administration recently announced that it will restore a Trump-era policy regarding migrants waiting for immigration hearings. Any migrants who wish to enter the U.S. seeking asylum will once again need to stay in Mexico until the date of their hearing arrives.

According to NPR, Mexico will allow asylum seekers to return to the country to await their hearing dates. The revival of this policy will affect approximately 70,000 people seeking asylum in the U.S.

Why the policy came back

President Donald Trump originally put this policy into place in January 2019, and President Joe Biden suspended this requirement the day he became president. The revival of this migration policy occurs under court order, even though the Biden administration wishes to end it. A lawsuit brought forward by Missouri and Texas required this asylum policy to go back into effect as long as Mexico accepted.

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Migrant families, asylum in the U.S. and the Title 42 rule

 Posted on September 16, 2021 in Firm News

Migrant Families Asylum In The Us And The Title 42 Rule

Migrants coming to the United States across the southern border can face a number of challenges.

The implementation of Title 42 brought about changes to asylum in the U.S. What is this rule and how does it affect migrant families?

Removal from the U.S.

There are various reasons for the removal of an individual or a family from the U.S. One of those pertains to having entered the country without a visa. However, under the current administration, many migrant families have been permitted to seek asylum. But regulations change, and the implementation of Title 42 under Section 265 of the U.S. Code has had an effect on asylum availability.

What it means

Issued as an emergency regulation in March 2020, Title 42 allows the Centers for Disease Control and Prevention (CDC) to prohibit people to enter the U.S. when the Director believes that “there is serious danger of the introduction of disease into the United States.” Border Patrol agents and customs officers have the authority to implement this order as the CDC directs.

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New rule changes requirements for immigrants fleeing violence

 Posted on June 28, 2021 in Immigration

New Rule Changes Requirements For Immigrants Fleeing Violence

Many immigrants flee their home countries due to violent and dangerous situations that put them and their families at risk. Recently, the U.S. changed its policies and ended requirements that made it harder for immigrants to come to the U.S. seeking asylum from violence.

According to AP News, Attorney General Merrick Garland provided updated instructions for immigration judges to use when making decisions about asylum grants for immigrants fleeing domestic or gang violence. This action undid rules from the Trump administration that made it harder for immigrants to qualify for asylum.

The impact of this change

This recent change to asylum guidelines could make it easier for immigrants to earn humanitarian protection when trying to escape violent situations. This could lead to more immigrants filing for asylum and trying to receive protection through the immigration system. Garland initiated this change after President Joe Biden requested that the Department of Homeland Security create a new set of rules about which groups of people should become eligible for asylum.

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Common reasons for removal proceedings: Marriage Fraud

 Posted on May 24, 2021 in Immigration

Marriage Fraud

Individuals facing the immigration process generally live with a certain level of fear and uncertainty until everything is resolved. With paperwork errors, missed deadlines or allegations of fraud all potentially resulting in removal proceedings, the couple is usually met with an unending sense of unease until the matter is finalized.

Even couples who have done nothing wrong might feel the pressure of proving their relationship is legitimate. Marriage fraud is a common issue that could prevent a foreign spouse from obtaining a green card. The United States government is always on high alert for relationships that were created for the main purpose of evading immigration laws. Marriage fraud often has devastating consequences including deportation and jail time.

While every situation is different, there are common types of marriage fraud that might lead to serious trouble for the parties involved, including:

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Federal judge nixes moratorium on deportations

 Posted on March 01, 2021 in Immigration

Federal Judge Nixes Moratorium On Deportations

In a setback to the Biden administration’s plan to revise the country’s immigration system, a federal judge on Feb. 23 in Texas blocked the president’s 100-day moratorium on deportations. The case came to the forefront after Texas Attorney General Ken Paxton filed a lawsuit against the U.S. government.

In Tipton’s ruling, the federal judge sided with Paxton, declaring that the suspension of deportations threatened financial harm in Texas. The moratorium, Tipton ruled, also violated certain administrative laws and procedures. The federal judge of the U.S. District Court for the Southern District of Texas, Tipton took office in June after former President Trump appointed him.

Ruling encompasses entire country for now

In his ruling, Tipton declared that the Biden administration’s moratorium on deportations was “arbitrary and capricious.” And since this is a federal case, Tipton’s ruling encompasses the entire country and remains in place until any potential changes surface from a higher court.

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What Are African Asylum Seekers Subjected To?

 Posted on December 17, 2020 in Immigration

The US State Department published reports on the human rights violations carried out by Cameroonian government officials. These violations include torture and the ongoing persecution of women and people identifying within the LGBTQ community. Cameroon is currently in a civil war and presents a harrowing reality for those forced to return. These events and the continual unrest have led many to flee to the US and other countries to seek asylum.

Documenting the alleged abuse

Unfortunately, a report from the Southern Poverty Law Center (SLPC) in conjunction with Freedom for Immigrants documented the claims of abuse and coercion endured by those detained while attempting to seek asylum. The alleged abuse occurred at the hands of corrections officers and ICE officers at various detainment facilities. The asylum seekers from Cameroon were forced to sign documents under duress and threatened with abuse and lengthy detainment while housed amongst federal prisoners.

Asylum seekers deserve protection under the law

The people included in the report were seeking asylum and face dangerous repercussions if sent to Cameroon. One of the refugees reported a physical attack after being refused an attorney. Detainees also reported being forcibly stripped and enduring multiple threats with many witnesses present. Between 2010 and 2019, around three-quarters of asylum seekers from Cameroon were granted asylum.

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TPS is Extended until October 2021

 Posted on December 09, 2020 in Immigration

USCIS announced the extension of TPS (Temporary Protected Status) for certain nationals of El Salvador, Honduras, Nicaragua, Nepal, Haiti, and Sudan. The much awaited news bring a sense of relief to more than 400,000 immigrants.

If you have TPS, this means that you can continue to legally live and work in the United States at least until October 4, 2021. Your employment authorization document under TPS should also be automatically extended until that date.

If you have questions about TPS or want to discuss your immigration case, feel free to give us a call for a consultation.

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DACA is back!

 Posted on December 09, 2020 in Immigration

Finally! DACA is restored to its original form. What does this mean for you?

  • If you are eligible, but have never received DACA, you can apply for the first time
  • Advance Parole (travel permits) are an option for DACA recipients
  • Any DACA recipient who received a 1-year renewal of their benefit should automatically have their protections extended to two years

This week, after a U.S. District Court in Brooklyn ordered USCIS to restore the DACA program, the agency finally published guidelines allowing new applications to be submitted. This is a monumental change for DACA-eligible immigrants, and means that new applications will be accepted by USCIS for the first time in more than 3 years.

Those who meet the following requirements may apply for DACA for the first time:

  • Are under 31 years of age as of June 15, 2012
  • Came to the United States before their 16th birthday
  • Have continuously resided in the United States from June 15, 2007 until now

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Have DACA? Want to travel? Get your permit and pack your bags!

 Posted on December 09, 2020 in Immigration

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