Immigration Law Blog
Immigration law is a constantly changing legal field. Immigration lawyer Harlan York provides this blog, so you can stay up to date on how legal trends affect immigration law cases.
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Want To Send a Letter to Santa Claus? Here’s How To Reach Him (and get an answer back)
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
Parole In Place: New path to citizenship for married immigrants and their children
Don't miss this opportunity if you are an immigrant married to a US citizen! The Department of Homeland Security (DHS) recently announced a new program aimed at keeping families together during the immigration process. This is a significant development for many non-citizen immigrant spouses of U.S. citizens currently facing long separations.
The Best Pizza vs. the Best Immigration Lawyer – 3 Important Warnings
Back in college, I had a buddy whose mother mailed him a check so he could buy some new clothes. He promptly cashed it and bought some pizza. When I asked why he spent his parents’ hard earned money on food, he replied, “You can’t eat a shirt.” Interesting. Which got me to thinking…
Facing a CBP Legal Issue? We can help
The US CBP (Customs & Border Patrol) currently operates in all 50 states, in over 50 countries, and at 328 ports of entry. In any given year, there are a huge amount of legal issues stemming from CBP encounters. If you need a CBP lawyer, we can help.When faced with complex legal challenges related to […]
Why Is My Immigration Case Taking So Long? (And How To Speed Up the Process)
Have you been waiting a long time for your Green Card, Visa, Removal Hearing, or any other immigration application? At any given time there are millions of immigrants waiting, sometimes for months or often years, to get into the United States. If you are already in the US, it can feel like forever while you are waiting to hear from Immigration.
During war USA offers safe haven: Immigration updates for Israel & Ukraine
The USA has long been considered a safe haven for those escaping war, crime, persecution, or poverty. In 2023 we have seen war ongoing in the Ukraine, and now horrible images coming out of Israel. Carrying on its tradition of opening the US to those in need, the immigration system has opened new channels for individuals in these areas to find safe haven in the US. If you are in the Ukraine, Israel...
Updates to TPS (Temporary Protected Status) in the US 2023
When Haitians in the United States were given Temporary Protected Status (TPS) in 2011, it benefited 100,000 to 200,000 immigrants affected by the earthquake. This policy was humane and resulted in much needed relief for many people. While TPS is NOT a green card, it can be a way to eventually become a permanent resident in the United States in certain cases, and is a good option for those whose h...
Can I Call a Lawyer? Know Your Rights Before Crossing the Border
There is a lot of fear about crossing through the United States border these days. Many people are afraid of being detained, having their phones searched or taken, and not making it in – or out – of the US. During times like these, the best thing you can do is know your rights. Information is the best way to prepare yourself, and smooth out as many difficulties as possible BEFORE you get to the bo...
What Is Daca and Why Should You Care? Updated Sept 2023
In the summer of 2012, following 2 years of protest and grassroots advocacy by affected youth (“Dreamers”), not to mention the prospect of his getting reelected, President Barack Obama announced an executive action of DACA on June 15, 2012. DACA pushed young people — previously attending school and working in the shadows — forward, to ensure that they could get some kind of protection under the la...
4 Things You Need To Know To Pass Your US Naturalization Test – A guide to success
People seem to frequently put off filing Form N-400 and taking the US Naturalization Test to become a US citizen. Sometimes they are just procrastinating, thinking they have lots of time. But many people are afraid to take the test thinking that if they fail, it will result in some kind of punishment. This is not true...
The Worst Mistake in the US Naturalization Process, Plus Tips for Success
All parents want to protect their children. But all parents make mistakes. So many mothers and fathers fail to take care of getting their children naturalized. This is the worst mistake in the US naturalization process. And the real shame of it, almost always, is that the error is unintentional.
Same Sex Marriage Immigration in 2023– America vs the World
In honor of gay pride month, I wanted to celebrate the fact that five years ago the United States chose to join the group of (now close to 30) nations that have legalized same sex marriage. Same sex marriage was legalized in the US in the summer of 2013, and since then our firm has helped many same-sex couples stay in the US by assisting in same sex marriage immigration.
The “IR” Green Card: Your guide to US residency based on Marriage, Parents and Children
What is an IR6 Green Card? Who can apply for an IR Green Card? How long is the IR green card good for? Can an IR green card be revoked? Looking to get your green card? Or are you a U.S. citizen hoping to file for a parent, spouse or child? For those who have […]
Why Citizenship May Be Denied – 7 Reasons You Need To Know
Of all the applications filed with the immigration service, many people find form n-400 (naturalization) to be the least complicated. This may have been true at one time, but over the past few years this form has grown from 4 pages, to 21 pages long!
20th Anniversary of Department of Homeland Security – March 1, 2023
What is the Department of Homeland Security? What are the achievements of DHS? What are the challenges faced by DHS? How does DHS affect immigration today? What is the future of DHS? The whole world changed on September 11, 2001. As an immigration lawyer, I believe it is essential to recognize the 20th anniversary of […]
What are the four main types of Immigration in the US?
The United States has a long history of being enriched through immigration. Immigrants come to the United States from all around the world for various reasons and through different channels. The four main categories of immigrants are family-based, employment-based, humanitarian-based, and diversity-based.
Can You Vote If You Have A Green Card?
Green card holders, also known as legal permanent residents, are allowed to live and work in the United States on a permanent basis. However, one thing they are not able to do is vote in federal elections. Only U.S. citizens are allowed to vote in federal elections, including presidential, congressional, and local elections. It’s important […]
Our Holiday Traditions Are A Gift From Around The Globe
Every year people around the US settle into the holiday season deeply enriched by Christmas (or Hanukkah) traditions from around the world. Whether putting up a Christmas Tree, singing carols, putting out cookies and milk for Santa, or opening an advent calendar, our Holiday traditions are brought to us by (and constantly evolving from) the rich diversity of our immigrant population.
The 3 Worst Immigration Cases: How the Best Immigration Lawyers Win Them
Some immigration cases are more difficult to win than others. Every single week we get calls from people begging us to help them with some pretty tough situations. The fact is, if you are willing to invest time, effort and money, and you have a realistic viewpoint, then you do…
DACA Hanging On by a Thread: Dreamers in Danger of Losing Protection
Is DACA still in place? Who can apply for DACA? Can you currently renew your previous DACA status? If you are not yet a Dreamer, here is what you need to know to apply. Not in the DACA program? Don’t despair. DACA currently on life support… Last week, big tech…
Inadmissibility vs Deportability – Here’s How Your Criminal History Can Affect Immigration
Who is affected by inadmissibility? What is inadmissibility? Common grounds for deportability. What is a conviction? It may be broader than you think. It can be very confusing for people facing immigration problems due to past crimes, to understand the difference between deportability and inadmissibility. There are two separate sections…
How Long Does It Take To Get Citizenship After Your Green Card? What You Need To Know.
So you’ve received your green card, and it seems like a huge relief, but your journey towards becoming a US citizen is far from over. Many people mistakenly think that getting their green card is the end goal. Just what are the steps to getting your citizenship after you get your green card, and how […]
How Long Does It Take To Get Citizenship After Your Green Card? What You Need To Know.
When I receive my green card, am I a citizen? How long do I have to wait to apply for citizenship? What are the steps to becoming a citizen once I have my green card? What could stop me from getting my citizenship? So you’ve received your green card, and it seems like a huge […]
Temporary Protected Status: An Overview For 2022
What are the benefits of Temporary Protected Status? Is TPS the same as Asylum? Can Temporary Protected Status Lead To A Green Card? Who Qualifies For Temporary Protection Status? How do you apply for TPS? How Long Does It Take To Get Temporary Protection Status? What’s new in TPS for 2021/2022? What happens if you […]
Do immigrants help the economy? Yes! Here’s how
Immigrants help our economy The Latest Fortune 500 list is full of immigrants Unemployment at a record low — now is not the time to block immigration The United States is one of the greatest countries in the world, and in no small part from its long history of immigration. This country was built by […]
Need To Get Your Green Card Fast? Here are the 3 easiest ways.
What are the fastest ways to get a Green Card in the US? Which of the immigrant visa preference categories are faster? These conditions can affect your ability to Get a Green Card quickly The world always has upheaval, whether it’s a pandemic or a war, or simply a new job or life, and many […]
Are you an immigrant afraid of deportation? New Memo on Prosecutorial Discretion may HELP!
What is prosecutorial discretion? How can Prosecutorial Discretion help or hinder your case? What cases qualify for high priority in deportation? Good News For Immigrants in the United States. New policy under Biden signals a return to pre-Trump days in terms of prosecutorial discretion. Immigration once again has the power to prioritize through assessment of […]
Non Immigrant Visa Requirements 2022 : Is it easy to get a US visitor / tourist visa?
What Is A Non Immigrant Visitor? What are the 3 main categories of non immigrant, tourist or visitor visa? What is the Visa Waiver program? How Can I Increase My Chances Of Getting A Visitor/Tourist Visa? Which countries have the easiest and hardest time with non immigrant visa denial? How easy is it to get […]
Do I Need an Immigration Lawyer? Three reasons not to DIY immigration matters
It is human nature to search for help with a problem. Time was, you got out a phone book and called a plumber if your sink was clogged beyond belief. In those days, you certainly called a doctor if you were feeling really sick. And then came the Internet. All of a sudden, the mentality […]
Parole in Place: 2022 Military Immigration Law Gives Green Card to Parents, Spouses, Kids
Are you enlisted? Or are you an officer in the US military or a veteran of the US military with family in the US but here unlawfully? As of November of 2013, the United States Department of Homeland Security expanded a previously existing military immigration law called parole in place that directly benefits the family members of military personnel.
Marriage Based Green Cards: Top Questions & Mistakes 2021 / 2022
About 21% of all immigrants enter the US through family-based green cards every year. Many people believe that getting a green card through marriage is one of the fastest and easiest ways to become a US citizen, but this is not necessarily the case. Things can go very wrong with this type of green card application, for a host of reasons.
Extraordinary Ability? How To Be Approved Quickly for a US Visa
Getting a work visa through employment is tough these days. Ask anyone in any industry. If you are a highly skilled foreign professional, athlete, or artist – who is not currently seeking a job change – you may want to consider applying for an “extraordinary ability” visa to get into the United States.
The H-1B Visa for Highly Skilled Workers: Requirements and Updates for 2021
If you are a skilled worker the H-1B visa can be a great way to get into the United States to work, and eventually as a path to a green card and permanent residency. However with H-1B visa denials up in the United States, it’s more important that ever to make sure you have everything you need in advance before you apply.
Facing Deportation? Know Your Rights & Know What To Do
It’s many people’s worst nightmare. You – or your loved one – receive a notice to appear in removal proceedings and are threatened with deportation. As I always remind people, the word was changed almost 25 years ago to “removal” by Congress. Then, President Bill Clinton signed the law. But make no mistake. It is still deportation. Many people panic as soon as they receive their notice, and conte...
2021 Sees Huge Rise of Immigrants Sitting in Jail: Here’s How To Get Them Out
This year, the number of immigrants held in private prisons & local jails that sat partially empty during the pandemic has risen from 14,000 in early January 2021 to nearly 27,000 in July. Over the years, we have spent a great deal of time visiting people in immigration custody. Many folks think of actual criminals that “belong” in jail — conjured up images of immigrants tied to organized crime or...
With Experience Under 5 Presidents, One Thing Is Certain: Immigration Is Challenging No Matter Who’s in Charge!
Sometimes it’s hard to believe, but I’ve been in immigration law for 25 years. With every new President or Congress, there are always those that think “this one will be different.” When it comes to immigration law, “different” is variable. No matter who is POTUS, immigration law is very challenging. I’ve been through five presidential administrations, and the roller coaster ride never stops. There...
A Return to Prosecutorial Discretion Means Some Relief for Immigrants
Good News For Immigrants in the United States. New laws under Biden mean a return to pre-Trump days in terms of prosecutorial discretion. Immigration officers once again have the power to prioritize through assessment of cases. The Trump administration passed three executive orders that essentially made everyone who is an undocumented immigrant a priority for deportation, as well as rescinding mo...
ICE Sets Out Temporary New Guidelines for Deportation / Removal
In the whirlwind of change that has marked the beginning of the Biden administration, ICE has received some changes to their guidelines for removal / deportation that have been effective as of February 18, and put forth with very little fanfare. These changes are in effect until “Secretary Mayorkas issues new enforcement guidelines. The Secretary has informed me that he will issue new guidelines o...
Will Dreamers & DACA Recipients Get Green Cards Under Biden?
Still Waiting for the DREAM to become REALITY: This is my 25th year as an immigration lawyer — and we are focused on Dreamers and DACA. It was recently announced that Senator Durbin and Senator Graham have proposed a bipartisan Dream act for 2021. What’s notable about this is that 20 years ago, Senator Durbin with then-Senator Hatch did...
Cautiously Optimistic When Looking Ahead at Biden Immigration Proposal
As we enter the era of the Biden administration, many people are feeling optimistic about immigration over the next four years. So much so that as we speak there are 6000 Honduran immigrants at the border of Guatemala hoping to enter the US for a better chance in the land of the free.
Need To Get Your Green Card Fast? Here Are the Fastest Ways.
With the pandemic affecting every part of our society, many people are worried about trying to get their green cards fast as soon as things are back to “normal.” All the uncertainty in the US means that more people than ever are trying to ensure their residency. One of the first questions they ask: How Can I Get a Green Card Fast?
DACA Is Back! Judge Orders Homeland To Immediately Begin Accepting Applications
Hundreds of thousands of young immigrants can breathe a sigh of relief. The Supreme Court has blocked an attempt by the Trump administration to end DACA. Moreover, a federal judge has ordered USCIS to start accepting new DACA applications.
Trump or Biden? Who Will Be Better for Immigrants & Immigration?
The election next week is shaping up to be one of the most contentious in history. There is a lot of uncertainty, not only of outcomes, but also as to whether either side will respect or believe the other is ultimately the winner. Many people fervently feel that it is essential that one side or the other win, or else, “catastrophe.” When it comes to immigration law...
What Is a K-1 Visa? What You Need To Know About the Fiancee Visa
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
Will Prior Arrests Affect Your Green Card Application? What You Need To Know
Many people become US citizens, despite prior trouble with law enforcement. This is perfectly acceptable as the Immigration Act only requires 5 years of good moral character before filing for naturalization. In fact, if you are married to a US citizen, you need only show 3 years of good moral character. (Warning: Immigration can look at older acts but that’s one of a million reasons to find the be...
Speeding Up My Immigration Application: Green Cards, Work Visas, etc…
During COVID it’s very hard to know how long an application can take. However if you have you been waiting a long time for your application for a Green Card, Work Visa, Student Visa, or any other immigration application? We’ve had a lot of success going through the immigration service to speed up applications that have stalled or are just taking too long.
Significant Fee Increases for Immigration Services Coming on October 2, 2020
USCIS published its new fee schedule – with some significant or even dramatic increases – on August 2 of this year, to go into effect on October 2. USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the full cost of providing adjudication and naturalization services.
Has Your Green Card Has Expired? Here Is What to Do
We’ve been getting a lot of panicked phone calls lately from clients who have been granted their permanent residency, but whose green cards are expiring. To this I always answer: don’t panic. Unless you have a conditional 2-year green card, your permanent residency is…well…permanent. Even if your green card expires you are STILL a permanent resident.
Same Sex Marriage For Immigration / Green Cards: Updated for 2020
If you are in a gay or lesbian marriage, can you get a green card if one spouse is already a green card holder or US citizen? The short answer is YES. Same sex marriage has been legal nationwide in the United States since June 2015...
Can’t Apply for DACA? Six Alternate Ways We’ve Stopped Deportation of Dreamers
Close to 800,000 people in the United States have been protected (more than the current population of Seattle) under the DACA executive order that came into effect under former President Obama. If you include those young people that applied for the program and didn’t get into it, or those who were eligible, but hadn’t applied yet, all in this change affects upwards of over a million young people i...
New Trump Immigration Order Flies in the Face of Common Sense
Obviously it’s an understatement to say that the new Trump order stinks. Temporarily suspending the H1B visa, and other work visas makes no sense, by ignoring the US need for workers in healthcare, schools, camps, technology, and so many other industries especially during Covid. The mythological argument that immigrants steal jobs is older than America itself.
Some Good Immigration News During the Pandemic
This week I’m going to be talking about some positive things, and giving people some realistic perspective on the executive order that came out from the President last week. I say realistic because as I try to keep to reminding people: you have to be careful what you read, and listen to. Fear sells; and fear drives the media more and more in the post 9.11 era. It’s just a fact.
Trump’s Plan To Limit Green Cards: Five Things You Need To Know
As a kid I loved reading Encyclopedia Brown books. He was the juvenile detective who solved crimes for both his dad, the police chief, as well as his own preteen friends and neighbors. His motto was “No case too small.” This slogan stands out in my mind when I get called in on something that another immigration attorney might find too petty.
Trump’s Plan To Limit Green Cards: Five Things You Need To Know
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
Good News for Immigrants in 2020: Liberian Refugee Immigration Fairness Act
This is a time sensitive immigration option: if you are Liberian, or have family members who are Liberian, you should call us today. It’s a good time to get paperwork ready to be filed now. In the fiscal year of 2020 there is a development called the Liberian Refugee Immigration Fairness Act. The Liberian Refugee Immigration Fairness Act (LRIFA) is a special law that allows Liberian nationals who ...
Updated: Immigration Is Still Processing Green Cards & Visas During COVID19
With all the closures that have happened across the board, many people think Immigration services have been suspended as well. This is not true! Many Immigration services are still going. Immigration is still open and so are we! During the pandemic we are not only getting daily updates, but sometimes hourly updates so continue to check back as we will be posting the latest updates here. Here is wh...
Updates and Upcoming Changes to TPS (Temporary Protected Status) in the US
When Haitians in the United States were given Temporary Protected Status (TPS) in 2011, it benefited 100,000 to 200,000 immigrants affected by the earthquake. This policy was humane and resulted in much needed relief for many people. While TPS is NOT a green card, it can be a way to eventually become a permanent resident in the United states, and is a good option for those whose home countries are...
Updates on the Corona Virus & Immigration
To protect our workforce and to help mitigate the spread of Coronavirus Disease (COVID-19) in our communities, effective immediately, USCIS is suspending all routine face-to-face services with applicants of all of our offices, including all interviews and naturalization ceremonies.
Your Immigration Medical Exam (I-693): A Step by Step Guide for Success
Whether your green card application is based on family, employment, visa lottery, political asylum or any other means, everyone must file a completed Green Card, or Immigration Medical Exam ( also known as an I-693, I693, or I 693 form) before approval. If you want to get a green card “fast” (and of course that term is relative) you need a properly completed green card medical exam.
Getting a Green Card Through Marriage or Family – I-601A Provisional Waiver
Since 2016, more undocumented immigrants are able to get their green cards through marriage than ever before. The expanded I-601A waiver means that many applicants who previously could not qualify now have this route open to them. Before 2016 only adult (over age 21) children or spouses of US citizens could apply. Since then it has opened up to include: spouses and adult children of U.S. citizens...
The 601 a “Unlawful Presence Waiver” Can Keep You in the US
In August 2016, the Department of Homeland Security (DHS) expanded the eligibility for provisional unlawful presence waivers to all individuals who are eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen, or lawful permanent resident (LPR) spouse or parent.
T Visa: Everything You Have To Know for T Visa in 2020
Human trafficking is a modern form of slavery, in which immigrants are brought into a country for forced labor or sexual exploitation. The United States is considered one of the top three worst human trafficking countries in the world along with Mexico and the Philippines. It is estimated that 18-20,000 victims are trafficked in the US every year. Human trafficking is defined as involuntary servi...
What Is a U Visa: Who Qualifies and How It Can Protect You and Your Family
The U Visa is a very sensitive area of immigration law that was created to help and protect all victims of qualifying crimes, and their families. It is for those who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It is similar, but not the same as a T Visa which was ...
Inadmissibility vs Deportability – Here’s How Your Criminal History Can Affect Immigration
It can be very confusing for people facing immigration problems due to past crimes to understand the difference between deportability and inadmissibility. That is because there are two separate sections of U.S. immigration law that govern whether a crime will bar you from getting a green card (if you don’t have one), or whether it will lead to your green card being taken away. These are the laws...
How Do You Find a Good Immigration Lawyer? 8 Tips
DO YOU HAVE AN IMMIGRATION ISSUE THAT NEEDS SOLVING? ARE YOU TRYING TO GET A GREEN CARD, OR AVOID DEPORTATION? There are so many lawyers out there, and everyone is going to tell you they are the best. But when you — or a loved one — find yourself trying to remain in the United States, you can’t afford to make any mistakes, or have the wrong lawyer make them for you. So how do you cut through all t...
The Fastest Way Out of Detention? What You Need To Know About Bail / Bond
Many friends and families call upon our immigration law firm with questions when there is a loved one detained by Immigration. The first question we are usually asked is: how can we get our loved one out of there; can we post bail for immigrants in detention?
What You Need To Know About “Extreme Hardship” for Us Immigration
For many people, staying in the US can be a matter of life and death. Being deported could mean persecution in their own countries, torture, and/or death. But for many immigrants, extreme hardship means being forced to live without your family, children, spouse, or simply losing your access to financial stability for yourself or family.
Thinking of Reentering the US After Removal (Deportation)? Read This Before You Border Cross
We know how it goes. You’ve been removed (deported), but your life and family are back in the United States. The first thing to know is that even as an illegal immigrant who is being removed, you have rights. There are many legal ways to fight deportation, so don’t panic.
A Deportation Appeal Can Stop Removal. Here’s Why (and When) You Should File One
There has been a lot of talk about illegal immigrants and deportation for the past week in the US. Getting deported is one of the main fears we hear when people come to our office. For many people, receiving a notice of deportation, (or worse – getting put into detention) can feel like the end of the line for their dreams of living lawfully in the US.
Removal of Conditions on a 2 Year Green Card: What You Need To Know About Your I-751
Immigrants with marriage based green cards face the need to file Removal of Conditions after initially receiving two year (“conditional”) status. Removal Of Conditions is filed on Form I-751. Universal rule: Marriage must be entered into in good faith.
Did Conor McGregor’s Ongoing Legal Issues Prompt His Abrupt Retirement From MMA?
With Conor McGregor’s quickly tweeted announcement that he is going to retire from the MMA, announced so soon after his latest legal woes, leaving people to speculate if the two events are related. McGregor has been in the news over the past 12 months for altercations in and around his big fights in the U.S. Last year it was an incident in which he assaulted a bus, injuring several people at New Y...
Filing Your Change of Address (Form Ar-11) With USCIS? Here Is What To Do
Forgetting to file, or making errors when filing your change of address Form AR-11 with USCIS can lead to deportation. We have seen clients who say, “we did everything right, how can a change of address form lead to deportation?” Still we have to step in because they are facing removal. Here is what you need to know about filing your change of address form.
Our Border Is Secure: Here’s Why Building a Wall Won’t Work Better Than Our Current Excellent Immigration Laws
I’ve been an immigration lawyer for 23 yrs, and in that time I’ve seen many different approaches to our “border crisis”. Border crossings by immigrants without visas have occurred for decades, and for the longest time border crossers were treated fairly loosely by a system that knew we were a better landing place for many people in other parts of the world – particularly for our neighbours in the ...
How Government Shutdowns Impact Immigration
It seems that in the current political climate, government shutdowns are an annual event. This leaves many of our clients asking: how does this impact our immigration case? For this and any future shutdowns, we have created a general list of what is affected, and what maintains the status quo. When the government is in shutdown mode, many government agencies are affected and people are told to sta...
Trump Has Vowed to Limit US Exposure to the Immigrant “Caravan”, but Can He?
As the migrant “caravan” approaches Tijuana, the Trump administration has been working to limit the amount of immigrants who can enter the US through asylum. In a presidential proclamation that was released on November 9, 2018, the wording makes it very clear that these new limits in the area of asylum are being specifically put in place to stop people who have been slowly making their way towards...
Important Update: Canadians in Legal Cannabis/ Marijuana Industry Will Now Be “Generally Admissible” to Us
In a major turn around from my last post, Canadians working in the legal pot industry will be mostly admissible to the US without incident as long as they are coming into the States for reasons unrelated to the marijuana industry.
Are Trump’s Immigration Policies Bad for Business?
While the policy of separating families at the border have been headline news, last year’s “Buy American and Hire American” executive order that directed government officials to “rigorously enforce” immigration laws has serious consequences for US companies. The April 2017 order, followed by legislation that aims to cut legal immigration in half, means that this summer saw less immigrant workers t...
Canadians (and All Immigrants) Beware! Your Legal Marijuana Use Does Not Extend to the US
An unnamed top border US border official has confirmed that those who work in, or invest in the soon-to-be legal Pot trade in Canada will be treated like drug traffickers and risk being turned away at the border at the minimum or worse. While it might seem insane, any legal jobs involving cannabis in Canada — or even legal investing in the marijuana industry in Canada — will result in your being t...
The Worst Mistakes In the Naturalization Process
All parents want to protect their children. But all parents make mistakes. So many mothers and fathers fail to take care of getting their children naturalized. This is the worst mistake in the naturalization process. And the real shame of it, almost always, is that the error is unintentional. Why is forgetting to get your children […]
Immigrants Have a Positive Impact on the US Economy: Why Are We Trying To Block Them?
President Trump has spent a great deal of time railing against immigrants, and working hard to stem the flow of immigration to the US. But when did anyone start to believe that immigration is a bad thing? From an economic perspective, immigrants bring so much to their host countries...
New “Zero Tolerance” Immigration Policy Is Traumatizing by Design
While immigration has been in the news fairly solidly since the Trump administration took the reigns, in the last few weeks we have entered a whole new era of previously unimaginable policies. Detaining children is nothing new. Under Obama the detention of children was met with outrage by a lot of immigration attorneys and advocates. In fact as many have said before, Obama, our “deporter in chief”...
What Problems Do Immigrants Face? 5 Top Problems on the Road to Immigration and Naturalization
The term “immigrant” gets tossed around a lot these days – it feels like more than ever since the Trump administration came to power. I tweet 3 to 5 new immigration articles daily, or it seems that way… In the US, however, most of us are immigrants in one way or another. It just depends on how many generations you go back. Immigrants have frequently experienced difficulties in trying to go to ano...
Do I Need an Immigration Lawyer? 3 Reasons Why DIY Is Not Necessarily the Best Option
It is Human Nature to search for help with a problem. Time was, you got out a phone book and called a plumber if your sink was clogged beyond belief. In those days, you certainly called a doctor if you were feeling really sick. And then came the Internet...
Pregnant and Worried about Deportation? Here Is What You Need to Know about Being Pregnant in a Detention Center
Detention centers are unpleasant places for everyone, but for pregnant women they can be particularly unforgiving. Horror stories abound in the news about women who have been denied medical care by ICE, even after complications such as miscarriages.
Facing Deportation? Even Immigrants Have Rights. 5 Things To Know About Removal
Anyone who reads these blog posts will see an ever-growing trend. Nearly 3 million deportation under Obama. (They have been calling it “removal” since 1997 but it’s the same thing). And since the Trump administration came into power, more people than ever walk around, afraid of deportation.
DACA “Not Dead Yet”: Renew DACA Now!
Federal judge William Alsop in San Francisco has blocked Trump’s administration from ending DACA. Claiming that the move to rescind the program was based on “a flawed legal premise,” he ruled that the program must be left in place until the litigation to remove it has been decided. Dreamers’ lives were thrown into uncertainty and turmoil last fall when Trump’s administration rescinded DACA. At the...
Getting a Green Card: Marriage vs. Employment
You have a handful of choices when seeking permanent residence in the United States. Most people usually choose between getting a green card through family, particularly marriage, or looking at employment visas. There are varying waiting times for many immigrants in different relative classifications, from siblings of citizens to the adult children of green card holders as well as a host of employ...
What Is “Chain Migration”? Director of USCIS Refers to Legal Family Immigration As “A Problem”
Over the weekend Fox news published an article entitled: White House releases ‘explosive’ tally of green cards issued in ‘chain migration’. In this “Exclusive” about chain migration, U.S. Citizenship and Immigration Services Director Lee Cissna is quoted as saying: “For years, we’ve known that large numbers of immigrants have been coming based on petitions from previous immigrants, but this is the...
A Case by Case Basis: New Ice and Immigration Protocols Could Mean Jail Time for More Immigrants
We have seen many changes in US immigration protocol since the Trump Administration came to power. These changes have affected young people through the cancellation of DACA, and more immigrants through the loss of prosecutorial discretion.
Dirty Immigration Lawyers? Not That I Know Of
Attorney General Jeff Sessions just had his Remarks to the Executive Office for Immigration Review published today.
Sessions placed the blame for the US immigration problems firmly on the shoulders of “smart attorneys” who create “fraud and abuse in our asylum system” and “exploite(d) loopholes in the law, court rulings, and lack of resources (so they could) substantially undermine the intent of ...
Update: Military Families: Parole in Place & DACA Remain
The Department of Homeland Security has begun implementing Trump’s Executive Order entitled “Enhancing Public Safety in the Interior of the United States,” issued by the President on January 25, 2017. While the language in the memo seems to target Parole in Place, according to the BBC news they were contacted by spokeswoman from the Department of Homeland Security that said it is still a function...
Trump Administration’s New Travel Ban in a Nutshell: What You Need To Know
Another quicksilver change in immigration policy is happening, based on a proclamation issued by Trump on Sunday evening. A mix of travel restrictions, and outright bans are being placed on eight countries, most – but not all – of which are Muslim. These new restrictions replace the parts of the controversial March 2017 travel ban that had expired on Sunday night...
Urgent: DACA Has Changed! If You Are a Dreamer You Need To Read This Now
Dreamer Applications (also known as Deferred Action for Childhood Arrivals) have been in the news a lot lately, with President Trump’s administration talking about ending the program, but now also claiming they will preserve the close to 800,000 youth currently protected by the program in the United States.
Trump and Immigration: Separating Truth From Fiction
The most notable public perception of President Donald Trump and immigration policy has manifested in daily stories about deportations. These heartbreaking pieces — parents detained and removed from their kids; husbands and wives permanently separated; and adults returned to nations where they have not lived since childhood...
What’s Old Is New Again: Green Cards Harder Under “New” Trump Rule
Trump’s administration has just added another delay to immigrants wanting to get green cards in the US. In a move that, in my opinion, is a wasteful use of resources, USICS announced that certain immigrants will now be required to have in-person interviews.
How Humility Is Your Best Asset in Business
Over the years, many of the young lawyers I’ve come in contact with – both as a teacher and as an employer- ask me what it takes to be a top lawyer. The answer that I give is never one they expect: no matter how high up the ladder you are, it pays to keep your ego in check.
Extraordinary Ability? How To Be Approved in 15 Days for a US Visa
Getting a work visa through employment is tough these days. Ask anyone in any industry. If you are a highly skilled foreign professional, athlete, or artist – who is not currently seeking a job change – you may want to consider applying for an “extraordinary ability” visa to get into the United States.
Do You Employ Immigrants? Avoid I-9 Compliance Issues and Fines With These Steps
With worksite enforcement a priority for ICE, employers need to take heed: even employers that have not been accused of knowingly employing undocumented workers can expect site visits and can be held liable for clerical violations and subject to steep civil fines.
The 3 Worst Mistakes Made by the Immigration Service (and How To Fix Them)
As a rule, I believe that the people at Immigration try their best. Most of them are reasonable and well-intentioned. Many years ago, I heard one Director say, “People need to remember what the word ‘Service’ means. We serve the public.” That said, our immigration system isn’t perfect...
The Best Tactic With Immigration Lawyers? Ask for Options, but Make Your Own Choices
In all of the consultations and case reviews I have handled as an immigration lawyer, nothing strikes me as more remarkable than the following statement: “Thanks for explaining all of my immigration options. Now tell me what to do, please.”
4 Main Problems (and Solutions) in Same Sex Marriage Green Card Cases
It’s now been a few years since same sex marriage has been considered legal in the United States. Let’s address some of the common problems and solutions for same sex marriage Green Card cases. Now, same sex marriage green cards between citizens and immigrants may form the basis for legal immigration.
Thank You Mr Trump! How Trump Has Helped Immigration…Really
Immigration is all over the news these days, making front page headlines with such wild claims as :”Lawmakers, After Meeting With ICE, Say ALL Undocumented Immigrants at Risk of Deportation.” Trump is making headlines all over the news for our current “immigration crisis”, but after more than 20 years exclusively practicing immigration law, I wanted to thank our new president. THANK HIM?!
Why Immigration Waivers Get Denied: Top 3 Reasons
This article will discuss the newest immigration waivers – provisional waivers of the ten year bar, known as I-601As – that went into effect in March 2013. Recent reports show that about 70% of these immigration waivers are getting granted, which is not bad, but there could be a higher grant rate with proper preparation.
Why Immigration Waivers Get Denied: Top 3 Reasons
This article will discuss the newest immigration waivers – provisional waivers of the ten year bar, known as I-601As – that went into effect in March 2013. Recent reports show that about 70% of these immigration waivers are getting granted, which is not bad, but there could be a higher grant rate with proper preparation. […]
Traveling Outside the Us? What You Need to Know about Trump’s Executive Order
As most of you know, this weekend President Trump signed an executive order called “Protecting the Nation from Foreign Terrorist Entry into the United States.” This order has wide-ranging implications for foreign refugees, particularly from seven main countries. There is confusion and a lot of panic out there about what this order means. On Monday, January 30, 2017, I appeared on Bloomberg Radio...
A Brief History of “Sh*thole” Countries: Us Immigration Is a Long Tale of Racism
Once again President Trump has made US immigration policy front page international news this past week with his remarks about not wanting immigrants from what he described as “shithole countries”. While the language is shocking, the sentiment is one that has held a long place historically in US immigration policy. The colors of skin, or countries may change with the times, but the US has never rea...
When “Easy” Immigration Cases get Difficult
People often contact us saying that they have an “easy” immigration case, but they have just run into a snag. Now they need help. Things get stressful when items such as work permits, travel documents, green cards and citizenship papers are not issued. Here is what you need to understand: based on my more than two decades […]
Do Immigrants Need to Be Afraid of Trump?
We are on the eve of the swearing in of our new President Elect, and many immigrants in the United States are wondering what the next four years will have in store for them. Trump’s campaign was filled with numerous infamous sound bites about “Mexican rapists” and “bad hombres” along with a promise to “build the wall” between the US and Mexico (and Canada), and threats of deportation for millions.
Yes You Can Be Deported If You Are Married to a Us Citizen : What You Need to Know
So many people think that marriage is an instant ticket to a green card. They breathe a sigh of relief once they are married assuming that they are now safely living in the US. While there are some faster ways to get a green card, simply marrying your US Citizen (or Green Card holder) significant other may not be the answer.
214 B Non Immigrant (Visitor) Visa Denial: Which Countries Get Denied the Most
People often think that getting a non immigrant visa to visit or study in the US will be easy. This is not necessarily true! The government understands that many people try to use a non immigrant visa as a backdoor into the country, so they put measures in place to help stop illegal immigration through the 214 b visa.
Do Immigrants Take Jobs From American Workers and Lower Wages? New Study
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
Can an Undocumented Immigrant Marry a US Citizen?
The short answer? Yes. There is no law to prevent an illegal or undocumented immigrant from marrying a US citizen. Most of the laws around marriage in the United States have to do with age ( legal consent ranges from 15-17 in most states with parental consent, and is 18-21 without it), and relationship status ( 1st cousins are Ok, in many states, but no siblings including half siblings).
The 4 Worst Immigration Problems – How To Beat Them To Get a Green Card
Face it. Some things cannot be waived. Listed below are the 4 worst immigration problems that my clients face. Over the 2 decades that I have practiced immigration law, these are the issues that have created the most difficult obstacles to immigration and getting a green card.
Newly Expanded I-601A Immigration Waiver Can Keep Your Family Together
Great news! In the name of Family Unity, The Department of Homeland Security (DHS) has just published in the Federal Register a final rule that will expand eligibility for provisional unlawful presence waivers to all individuals who are statutorily eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen, or lawful permanent resident (LPR) spouse or parent...
I Am an Immigrant: Celebrating Immigrant Heritage Month
I come from immigrant stock. My great grandparents on both sides of my family fled from Eastern Europe. They moved here on boats with nothing more than rags in their pockets, and made a life. That’s why so many people come here: to live the dream in the US. I have proudly spent the last two decades helping amazing immigrants from all over the world live this same dream by becoming legal residents...
Same Sex Immigration: Marriage and Bisexuality
The New York Times published a piece a few years ago called “Bisexual: A Label With Layers.” There were no direct references to immigration law, but I immediately thought of our work, especially the recent green card applications we have successfully completed in same sex immigration marriage. As the Immigration Service points out on its very own website, same sex immigration marriage is now to be...
Shopping Around for Immigration Lawyers? A Review
I never used to get calls or emails from people “shopping around” for immigration lawyers. But things change. The economy has made people consider their budgets. Now about once or twice a month I get a message from someone shopping around for immigration lawyers in New York, or immigration attorneys in New Jersey or Pennsylvania. These are the exact words they use...
The Top 4 Mistakes in Immigration Through Marriage
About 21% of all immigrants enter the US through family-based green cards every year. Many people believe that getting a green card through marriage is one of the fastest and easiest ways to become a US citizen, but this is not necessarily the case...
Need To Check Your USCIS Immigration Case Status? Easy Instructions With Links
Many people wait impatiently to hear about their immigration cases, and no wonder; this is your life! Sometimes a green card can take just a few months to go through, and sometimes it can be years. Knowing that you can check the status of your USCIS or Immigration Case at any time can be an important way to avoid stress and remain patient while waiting for permanent residence.
Immigration Lawyer Fees – What Should You Be Paying?
One of the first questions we often get asked after someone contacts our firm is: how much is this going to cost? There is a lot of confusion out there about what someone should pay for immigration lawyer fees. This is because there is such a huge variation in prices. Immigrants are faced with everything from bargain basement do-it-all-law firms, to this article in the The New Jersey Law Journal q...
The 3 Worst Immigration Cases: How the Best Immigration Lawyers Win Them
Some immigration cases are more difficult to win than others. Every single week we get calls from people begging us to help them with some pretty tough situations. The fact is, if you are willing to invest time, effort and money, and you have a realistic viewpoint, then you do what one woman cried out awhile back, you “have to try!” (Incidentally we won her case)...
Muslim Immigration Unfairly Targeted: What You Must Know
Are you a Muslim going through immigration, or trying to get a green card in the US? Read this post first! If you have been waiting for your citizenship decision for an unusual length of time or you have been delayed for your green card, then you may be targeted by the CARRP program.
Green Cards Through Marriage: Should You Apply in the US or Abroad?
One of the main questions we get asked by clients who are aiming to get green cards through marriage is: “Should we apply for the green card in the United States OR at the Embassy overseas?” There is only one answer we give to this question...
Except for Native Americans, We Are All Immigrants
Aboard the Mayflower on the way to Plymouth, there were 110 passengers. Upon arrival, 50 survived a harsh winter and sat for Thanksgiving in 1621. They relied on the Native Americans, who helped them find enough food to live. They became known as pilgrims.
Marriage Based Green Cards Common Questions & Mistakes
I’ve been an Immigration Lawyer for two decades, and I see some of the same mistakes over and over again. A lot of these mistakes stem from people just not really understanding the law…and why would they? Immigration law is considered one of the most complicated fields in law: the rules are constantly changing, and […]
5 Things You Need To Know About Immigration Court
Close to half a million immigrants are currently in pending removal proceedings. Most of these people are coming from Mexico through California which has the most cases at approximately 90,000, and Texas which comes in second with around 80,000 cases. New York, New Jersey and Florida follow in terms of caseload.
5 Things You Need to Know About Immigration Court
Close to half a million immigrants are currently in pending removal proceedings. Most of these people are coming from Mexico through California which has the most cases at approximately 90,000, and Texas which comes in second with around 80,000 cases. New York, New Jersey and Florida follow in terms of caseload. With statistics like these, it’s likely that someone [...
12 Things You Must Know About Deportation Defense
It’s incredible. People are supposed to know their rights. But Immigrants sometimes are unaware. Here are 12 Things You Must Know About Deportation Defense: 1. You have a right to a hearing. Nobody served with a Notice to Appear in Removal Proceedings can just be deported. Often denials of green card applications contain language that […]
Who Can Apply for a Green Card
There are eight main categories of people who qualify for permanent residency. No matter what avenue you take, you need to be eligible for a green card under the law, known as the Immigration and Nationality Act, and moreover you need to be “admissible” to the United States of America. Remember: if you don’t see that you easily fit into one of these categories, it’s worth contacting a top immigr...
Three Degrees of Law: Harlan York’s New Book Due in April!
To be happy and successful as a lawyer: find a path that you love, practice the best way you can, & work with compassion. I reject the myth that lawyers must put in twenty hour days doing jobs they hate! There are hundreds of ways to make use of law school and to have a satisfying career. In Three Degrees of Law, I point out how apathy will kill a lawyer faster than anything!
Executive Action: Texas Court Decision – What Does It Mean?
Media reports are circulating regarding the injunction issued on the 2014 Executive Action, by the Honorable Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas, in Brownsville, Texas. While the order will have an impact on the government’s ability to accept Expanded DACA applications on February 18, 2015 as planned, this order is not permanent.
Executive Order on Immigration: Top 7 Myths
Executive order – It’s been five weeks since President Obama spoke to the Nation on Immigration Action. In that short time, law firms all over America which exclusively handle immigration matters have been flooded with calls, emails and in person consultations.
Most people want to know about expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents (DAPA). We have be...
601A Waivers of the Ten Year Bar and Marriage Based Green Card. Harlan York, the #1 Immigration Attorney.
This is an information video on 601A Immigration Waivers. As of March of 2013, anyone who is married to a U.S. citizen, but does not have legal status, potentially qualifies for this new 601A waiver. This recent development has been put in place due to the potential for extreme hardship that losing a family member places on these families.
Do You Really Need To Hire a Lawyer When Getting a Green Card Through Marriage?
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
A New Immigration Law Video From Harlan York. The #1 Immigration Attorney. Family Immigration in New York, New Jersey, and Pennsylvania.
I’m Harlan York. For almost 20 years I’ve been helping immigrants win cases. People come to me and every single day tell me, “thank you for sitting with me and listening, thank you for asking me questions that no other lawyer asks me.” I always tell people immigrants cases are like fingerprints, they’re like snowflakes. They are all different. A lawyer must take on each case individually case by...
Harlan York, the #1 Immigration Attorney. Visa Refusals: Supreme Court Set To Review Them
Visa Refusals have long been a problem. The rights of the applicant are often ignored when a United States consular officer says “No Visa for YOU.” Frequently the visa refusals are arbitrary and no reason is announced at all. The applicant is turned away, usually with a one page denial letter that fails to explain the negative decision. Seeking a remedy for visa refusal in federal court is often d...
Do It Yourself Immigration Disasters – How To Avoid Them. From Harlan York, the #1 Immigration Attorney.
Do It Yourself Immigration Disasters – How To Avoid Them Harlan York, the #1 Immigration Attorney. Your best choice for an Immigration Attorney if you live in NYC (Manhattan, Harlem, the Bronx, Brooklyn, Queens, and Staten Island). Not a day goes by that we do not see Do It Yourself Immigration Disasters. By this I mean […]
Executive Order on Immigration: 7 Things to Know
An executive order is not an uncommon thing. Teddy Roosevelt issued more than 1000. FDR owns the record with 3500-plus. Both Ronald Reagan and Bill Clinton neared 400 apiece. Clinton even entered the war in Kosovo by executive order 15 years ago. Now President Obama reportedly will issue an executive order on immigration in September. I have never been shy about criticizing the Deporter in Chief...
Best Lawyers Award 10th Consecutive Year! Office Expands!
I was humbled to learn of my having been named to Best Lawyers. For the 10th Consecutive Year. Best Lawyers is the oldest and most respected peer-review publication in the legal profession. Back in 2012, I was the First Ever Attorney in New Jersey to win “Immigration Lawyer of the Year” from Best Lawyers. These awards reflect my pride in the team that I am lucky enough to work with. Without my tea...
Premium Processing – Only $1225 or Government Extortion?
There are many benefits to the I-907. The government makes a fortune on these cases, which helps the economy. Immigrants who might otherwise be forced to wait longer to receive work visas can get on the job faster which is good for everybody: employers, employees and those they serve.
Border Crisis in Us Is Nothing New
A border crisis is nothing new. That is a fact. As long as countries have had borders, people have been trying to cross them any way they can. Twenty years ago, when Central American refugees consulted with US immigration attorneys, they often spoke of the dangers that remained in their home countries due to guerrilla factions. Many of these people applied for political asylum. They were part of t...
Why the World Would End Without People Getting Legal Status
Think about that figure for a moment. In 30 years, the number more than doubled. We are closing in on the 50th anniversary of the US Supreme Court decision in Loving v. Virginia, which struck down laws banning interracial marriage. And we just passed the one year mark since the Court ruled in United States v. Windsor that same sex marriages must be recognized by the federal government. Now, due ...
Immigration Myths – Mutants and Muggles?
Watching X-Men: Days of Future Past the other night made me think about Immigration Myths. Same feeling that I get when I watch Harry Potter films with my kids and see the conflict between Muggles and Wizards. Immigration Myths are born out of misunderstanding. That misunderstanding is based on fear.
Immigrants Needed on Us World Cup Team: 12 Reasons Why (Skilled Labor Shortage, Soccer)
Why are immigrants needed in America? One might not look any further than the soccer field. Half of the American World Cup Team would not be playing without sensible immigration laws. In fact this whole scenario reminds me of Henry Cejudo, the youngest American wrestler to win Olympic Gold. Cejudo, who brought a gold medal home from China in 2008, is the son of a hard working Mexican mom.
Dreamer (DACA) Applications – What You Need To Know About Renewal
Here Is What You Need To Know About DACA / Dreamer Renewal. The status was originally two years. This means that it is time to renew with United States Citizenship and Immigration Services. If you were prepared to do your Dreamer Applications with the assistance of a top immigration lawyer in 2012, then you should be wise enough to do the renewal with an outstanding immigration attorney now.
Central American Teenagers Break Record!
The volume of Central American Teenagers traveling to the US without adults increased by five times the number in 2011. On June 2, the President requested that Congress allocate $1.4 billion to deal with this issue. Reportedly, more than 47,000 minors were stopped by Customs and Border Protection since October 1, 2013. Many are Mexican and those kids are often sent back. But the Central American t...
Illegal Immigration: Not Just a Modern or American Phenomenon
In the United States there has always been much controversy about “illegal immigration.” I have never been as offended by the language as some commentators and advocates. To me, it is just a term that reflects a part of American history. Hardly a new topic, the plight of the undocumented foreign national has been perpetually in the public eye. In our nation’s past, the original British colonists...
English Language Citizenship Test: Who’s Exempt? 10 Things To Know
Many people avoid the citizenship test due to an inability to pass the English Language Citizenship Test. Usually, fear of failure is the main reason. Still, there are millions of green card holders who might be less afraid if they knew about certain rules. This blog post is designed to explain how certain people are exempt from the English Language Citizenship Test.
Immigration Fraud Waivers: How To Solve the Biggest Problems
“There are no facts in Jamaica”- Chris Blackwell founder of Island Records, inducted into Rock and Roll Hall of Fame, 2001. If there are no facts, how does one go about dealing with Immigration Fraud Waivers? Well, Chris Blackwell was chiefly responsible for bringing the music of Bob Marley to American ears. The Bob Marley album ‘Exodus’ was chosen by Time Magazine as the greatest album of the 20...
DACA Renewal in 2014 vs. DACA 2012 – What You Need To Know Now
On April 9, 2014, the United States Citizenship and Immigration Services FINALLY announced the proposed renewal program for Deferred Action for Childhood Arrivals (DACA renewal). The proposal is very good news for more than 500,000 DACA holders. It is not without its problems, more of which appear below. The DACA renewal plan explains three crucial parts of the process:
H-4 Visa Holders to Get Work Permits: A Review of What May Occur
Attention H-4 Visa Holders: Yesterday the United States Department of Homeland Security made a huge announcement. A number of proposed federal rules will be published. The most important one that appears to be imminent deals with spouses of H-1B visa holders. These H-1B husbands and wives, called H-4 Visa Holders in the Immigration law, may […]
5 Signs You Should Invest In a Deportation Lawyer
All the better if you seek out a deportation lawyer team led by an attorney with a track record of success. More brains and more strategy. A greater likelihood of victory. Here are 5 Signs You Should Invest In a Deportation Lawyer: 1. Service with a Notice to Appear in Removal Proceedings. This is the […]
Miley Cyrus Can Teach Us About Immigration Reform
Back in September 2013, I posted the following on my law firm Facebook: “Thought on Immigration Reform. Make Noise. Follow Miley Cyrus’ lead. She told 14 million Twitter followers that if her video set a record for views, she’d release her new song list. Her video broke 19 million views! DREAMers, Paying ATTENTION? Follow that lead!”
The Most Important Immigration Waiver Video You Will Ever See
ONE of the most commonly asked questions I am asked is how to win an immigration waiver. In fact not a day goes by that I do not see at least one person with a case involving an immigration waiver. As has been pointed out on this blog many times, there are various types of immigration waiver cases:
Whatever Happened to the American Dream?
Today I did a standard consultation with a United States citizen. The fellow, a son of Italian immigrants, appeared in my office. Hard working guy who built a very successful construction company. He wanted to know about sponsoring a Central American employee. I explained that the immigration law had changed in 2001. Thus I could not properly achieve what he was seeking. The guy was incredulous...
Specialized Knowledge: A Review of the L-1B Immigration Dance
I heard Phish bassist Mike Gordon say today that his bandmate Trey Anastasio once told Dave Matthews that placing the word “dance” in a song can automatically encourage a crowd to dance. United States Citizenship and Immigration Services have begun their own dance song, in recent years. And immigrants, their employers and attorneys, have all had to start dancing as fast as possible to keep up wit...
Immigration Detainer: Federal Court Solves Big Problem!
On March 4, 2014, the US Court of Appeals for the 3rd Circuit issued a very important ruling. The case is called Galarza v. Szalczyk. The 3rd Circuit ruled that an immigration detainer is NOT mandatory. Rather, when Homeland Security lodges an immigration detainer, it is a request to a criminal detention facility to hold […]
Immigration Detention and Release: 7 Quick Tips
This new article will discuss typical issues on applying for Bond (what Immigration authorities call Bail in Immigration Detention cases) as well as Parole (another way to be released). All over the United States, immigration lawyers receive calls and emails about new arrivals in Immigration Detention, facing deportation (called Removal since 1997).
Deferred Action for Dreamers: A 2014 Review
There is new guidance out there for Dreamers. The group of immigrant children and young people who were granted Deferred Action for Childhood Arrivals (DACA) based on grants by ICE (Immigration and Customs Enforcement) are able to renew! All Deferred Action issued BY ICE may be renewed 120 days before the expiration of the first […]
What Immigration Lawyers Do: 4 Main Points
Back on October 3, 2013, I wrote a blog post called THE WORST IMMIGRATION CASES AND HOW THE BEST IMMIGRATION LAWYERS WIN THEM. Essentially I talked about what immigration lawyers do. In that piece, I typed the following words: The fact is, if you are willing to invest time, effort and money, and you have […]
Right To Remain Silent: Do Immigrants Have It?
Anyone who has watched any TV cop show knows “You have the right to remain silent.” This right stems from the famous Supreme Court case of 1966 known as Miranda v. Arizona. For nearly half a century, police have been required to give Miranda warnings to criminal suspects. When Immigration and Customs Enforcement arrests an immigrant, there is no right to remain silent. But is this just?
New Citizenship Application: 10 Reasons You Need a Lawyer
Breaking Story: Immigration just announced that they were rolling out this new N-400. The N-400, for those of you who do not know, is the application for Naturalization. This process forms the core of how green card holders become United States Citizens. After you file your New Citizenship Application, you study 100 questions, make sure […]
Immigration Lawyers Who Love What We Do: 4 Parts You Should Know
This year marks the 50th anniversary of the recording of John Coltrane’s A Love Supreme, right here in New Jersey. It is well established as one of the greatest recordings of all time. As the father of a ten year old boy who plays jazz piano and saxophone with extraordinary ability, I have rediscovered John Coltrane, with my son. And as the leader of a team of Immigration Lawyers Who Love What We ...
Immigration Reform vs. Immigration Reality
For one, I would like to be an optimist about immigration reform. I really wish that immigration reform would pass already. We have been waiting since Section 245 (i) left the Immigration and Nationality Act on April 30, 2001. Gone are the days when immigrants paid a $1000 penalty in their green card applications through work and family as a trade-off for crossing the border.
Experienced Immigration Lawyers: Best Reasons to Hire Them. Harlan York and Associates. The #1 Immigration Law Firm.
I ask you, “Do you want to accomplish the best results in your immigration case?” You answer, “Absolutely.” I ask you “How do you wish to achieve the solution you are looking for in your immigration case?” You reply, “I want to win as quickly and safely as I can.” Then you should seek the […]
Everything You Need To Know About Filipino TPS
Many Filipino associations and American politicians have requested that the President designate Filipinos for TPS. It really would be sensible and humane to set Temporary Protected Status for nationals of the Philippines much like Haitians given TPS after the terrible earthquake there. Immigrants receiving TPS are few and far between.
Immigration Policy: 4 Things You Need To Know
Gandhi was once famously asked if he was a Hindu. His answer: “Yes I am. I am also a Christian, a Muslim, a Buddhist and a Jew.” This perspective is very important when representing immigrants. As lawyers who help immigrants, we must look at all of our clients with truly global perspective. Here are four essential points that you must remember in reviewing immigration policy...
Seven Reasons You Need an Immigration Attorney.
Harlan York and Associates. The #1 Immigration Law Firm. This Benefit Guarantees You a Greater Rate of Success 1. Winning Your Case is more likely. This fact holds true with green cards, visas, and citizenship or deportation defense. Statistics bear this fact out. A 2011 study found that immigrants with lawyers are five times more […]
Immigration Lawyers Who Listen to Your Problems
So as a year ends and a New Year begins, I commence with writing about law inspired by our friends in the medical field. These thoughts are shared, despite the unfortunate reality that some physicians, as a general rule, dislike attorneys. So be it, for the moment. This is a blog post about how to practice immigration law a new way. “New” does not mean “wimpy.” Quite the opposite. Immigration Lawy...
Immigration Reform – Why We Will Not Give Up
“White Americans. What? Nothin’ better to do? Why don’t you kick yourself out. You’re an immigrant too.” – Jack White. The above lyrics from the 2007 hit “Icky Thump” remind me of the oft-repeated notion that the only people who are not immigrants are the Native Americans. But then immigrants have always taken the scapegoat beating...
Political Asylum – 15 Things You Must Know
The United States has long offered protection to immigrants in the form of Political Asylum. This path to freedom may be given to immigrants who apply for political asylum within one year of entry into the United States, or those who face deportation in an Immigration Court hearing.
“Parole in Place” for Immigrant Relatives of Military – What To Know
On November 15, 2013, the United States Citizenship and Immigration Services issued a very important Policy Memorandum. This new Immigration rule is based on existing law. It will give legal status to immigrant relatives of military. The Policy Memorandum will keep immigrant spouses, children and parents of active duty military – as well as immigrant relatives of military reserves, and veterans of...
Deferred Action for Dreamers – 10 Reasons Why It Is Best
Like you – we as immigration lawyers – continue to hold our breath that Congress will finally act to change the current immigration law. Meanwhile there are still Two Million people who should consider Deferred Action for Childhood Arrivals (“Dreamers”).
Defining the Best Immigration Lawyer
Eli Manning must wake up every day at his house in Hoboken and be very disappointed that his New York Giants have only 2 wins against 6 losses. I – among millions of Giants fans – am not too thrilled at the 2 and 6 record. But then again, Eli, and a group of his teammates, do have 2 Super Bowl rings in the last 6 years.
The Best Immigration Attorney Advice on U Visas
In October 2000, a new category of immigration benefit became available to victims of violent crimes, the U Visa. The policy grew out of concerns that undocumented immigrants would be afraid of deportation if they called law enforcement to report a crime.
What Is a Naturalized Citizen and Why Does It Matter?
Let’s get one thing straight. If you are born in the United States, you are automatically a United States citizen. That law has been binding since the 1800s, around the time that slavery was abolished. And even before that era, most people born were considered citizens by virtue of their birth here.
How To Win Your Immigration Waiver – 9 Things You Must Know
Whether you are seeking a green card as an applicant outside the US, applying for an immigrant visa at a consular office, OR a person applying for adjustment of status in the US, you have a definite problem to overcome if you need an immigration waiver...
H-1B Visas – The 3 Worst Things According to Immigration
Not too long ago, Immigration finally caved in on a lawsuit filed in 2010 by the American Immigration Lawyers Association. The purpose of the legal proceedings: To Discover So-Called “Fraud Indicators” Used by the Government to Review Petitions for H-1B Visas. However, the reality emerged as the papers were uncovered...
3 Things Immigrants Must Know About Shutdown Effect on Them – Now vs. Later
The federal government shutdown that started earlier this week has already affected the country in many ways. While the Immigration Service appears to operating “business as usual,” many other federal agencies are not functioning normally...
5 Things You Must Know About Same Sex Marriage Immigration
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
The Best Immigration Attorneys of All Time, Part 1
Over the better part of two decades, I have always been fascinated with immigration history. Just as sports and entertainment reporters compile stories on the greatest athletes and musicians, I thought it would be compelling to talk about the The Best Immigration Attorneys of All Time...
Immigration Reform: 7 Things You Must Know
It has been lurking in the news for years, but over the last ten months or so, immigration reform has truly stayed among the biggest stories. Here’s everything you must know, based on my 18 years of experience in the immigration field and countless studies, both long term and in 2013...
6 Ways to Get a Green Card
People always want to know, when they call, email and ultimately consult with our immigration firm: “Mr. York, how do I get a green card?” So let’s look at some numbers. For example, in 2011, a little more than 1 million people became Green Card holders, also known as permanent residents. Here’s a rough breakdown […]
Immigration Attorneys: Who Needs Them? 3 Answers
Every so often, someone will tell me: “I have a friend or relative who ‘handled’ an immigration matter without an attorney.” Here are three answers that I always give, followed by a little real world experience to give some insight as to why this idea is not best. Bottom line: Think about the risks of […]
Why Not to Do It Yourself, You Need an Expert on ALL Immigration Cases
It happens every day. I see at least one person with the same problem. The type of immigration case is often different, but the mistake repeats itself over and over. Our meeting frequently starts with this individual saying: “I should have called you in the beginning but I thought I could handle it myself” Another […]
Immigration Appeals Court Recognizes Same Sex Marriage as Basis for Green Card
In Matter of ZELENIAK, decided today, the Board of Immigration Appeals held that the 1996 Defense of Marriage Act (DOMA) is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the Immigration Act. Therefore, an immigrant spouse of a US citizen may acquire lawful permanent resident status in the United […]
George W. Bush emerges again on Immigration Reform
Former President George W. Bush spoke out this week – to push Congress to do what he repeatedly favored throughout his time in the White House – to reform immigration. Bush spoke of fixing the “broken system” and giving people “respect.” The fact that reform never passed during his eight years as Chief Executive always […]
The Effect of US v. Windsor on Immigration Law for Same-Sex Couples
Since the US Supreme Court’s ruling was issued today against DOMA, it looks like same-sex couples will be considered for marriage-based green cards. Applications – previously denied only because a couple is gay – should be granted. A marriage in a state or country where that ceremony is legal should confer eligibility to apply for lawful permanent residence. Again, if you were [&...
Defending the Detained Immigrant
Immigration Detention is at an all time high. There is so much media coverage given to immigration law. However, other than the occasional story about private corrections agencies that lobby for certain immigration policy, little is said about the massive numbers of folks in the custody of the Department of Homeland Security. The President, deemed […]
A Very Important Immigration Decision from the 6th Circuit
“This case illustrates the archaic and convoluted state of our current immigration system.” So begins a very important June 5th decision from the 6th Circuit, which has authority over immigration cases in Ohio, Michigan, Kentucky, and Tennessee. In Flores, et al. v. USCIS, et al. the ruling is that border crosser immigrants with Temporary Permanent […]
Judiciary Committee passes Immigration Modernization Act to Senate floor for vote!
Today the Senate Judiciary Committee voted to pass the Border Security, Economic Opportunity & Immigration Modernization Act to the Senate floor for full vote! The bipartisan Gang of Eight compromised in a number of areas to convince conservatives to back the measure. And Senator Orrin Hatch’s amendment, raises the minimum number of H-1Bs to 115,000 […]
While we wait for reform, here’s what we can do under current immigration law (Part 2)
K-1 visas for fiancées of US citizens. We have had a number of these approved in recent months and more pending … Litigation for immigrants. Every single day we take on new court matters in NJ NY PA and many other states. Managers and executives at international companies — who file for both L visas […]
A Look at the Senate’s New Immigration Plan
I have been a proud member of the American Immigration Lawyers Association (AILA) for well over 15 years. AILA has done excellent work in many areas, advocating on behalf of foreign nationals from all over the globe. This week, AILA took a look at the bill known as the Border Security, Economic Opportunity, and Immigration […]
Immigration Reform and Same Sex Marriage
Two of the most anticipated developments this year are what Congress will do about immigration reform and how the Supreme Court will rule on same sex marriage. It is very significant that there is much intersection between these issues, despite little connection being drawn publicly between them. If the High Court decides that there is […]
Immigration Detention: From Pickup to Release Seminar airs April 3
AIRING APRIL 3 at Noon EST on LawLine.com When your immigrant client is detained by Immigration and Customs Enforcement (ICE), the three main questions that are often asked are: (1) what is the distinction between criminal and non-criminal detention, (2) is your client a candidate for bond, and (3) how will detention impact your client’s […]
A Change Is Gonna Come
I have written and spoken for years about how our representatives favor certain ideals. The media sometimes distorts things, but it is now clearer than ever that we are starting to see a change coming. Today, a group of conservative members of the House voiced agreement with Tea Party member and Senator Rand Paul’s recent […]
Anything Is Possible
As we stand closer to immigration reform, I talk to many people who are disillusioned and unsure. “We have been here for more than a decade,” they say, “and we work hard, pay taxes, have US born kids, but still we await our green cards.” I reply to them that reform may be imminent. But some immigrants tell me […]
Immigration: What Now?
Well, with a Republican-controlled House, Democratic Senate, and a second term for the President, what to expect on Immigration? Microsoft, Intel and Hewlett-Packard, among others, have pushed to expand H-1B visa availability from its current 65,000 annual limit. So, will immigration reform be a place for a deal between Obama and Congress? Legislators have hesitated […]
DREAM Act will not go away
What does the DREAM Act mean? Legalization for youth who came here at least 5 years ago, before age 16 and who wish to complete 2 years of college or military service. The Congressional Budget Office estimated the DREAM Act will result in $1.4 billion in deficit reduction over the next decade. Students will pay […]
The Difference Between a Notario and a Notary is an Immigration Scam
(I was quoted in various media long ago on the topic. It’s good to see the federal government getting involved.) The DoJ, DHS and FTC are now targeting immigration scams by “notarios.” Some folks who are notary publics will take advantage of the similarity in the words “notary” and “notario” to dupe immigrants into paying […]
New Bill would allow Immigrant parents, spouses & kids of active duty military to gain legal status
Sen. Robert Menendez introduced a bill that would allow the immigrant parents, spouses and children of active duty military service members to gain legal status, part of a push to allow small sectors of the undocumented population to avoid deportation. “I just can’t believe that you can risk your life for America, and America can’t […]
Until Gay Marriage is Legal, Why Not?
The AG’s recent decision in Dornan shows the government’s interest in exploring how civil unions might allow a US citizen partner to petition for an immigrant partner. It would seem to me that an interim solution to the problem facing gay couples from two different nations who wish to reside lawfully in the US would be to allow […]
Devil Wears Prada star Emily Blunt can’t leave America for immigration reasons
Actress Emily Blunt has saddled her sister with the task of packing up her London apartment before selling it – because she can’t leave America for immigration reasons. The Brit wed US actor John Krasinski last summer and is now in the process of applying for a green card, which means she can’t travel outside […]
When a visa delay is good for your health
From mmajunkie: “Former WEC champ Paulo Filho might need to send a thank you note to immigration officials. After Filho had trouble securing a work visa in time for Wednesday’s scheduled “super fight” with Bellator middleweight champion Hector Lombard at at Monroe Civic Center in Monroe, La., two-time UFC veteran Jay Silva stepped in to […]
Current H1B visa availability
Harlan York, the #1 Immigration Attorney. Your best choice for an Immigration Attorney if you live in Bergen County, NJ (Hackensack and Garfield). As of last week, USCIS had received approximately 13,600 H1B petitions counting toward the 65,000 cap. Moreover, about 5800 petitions have been filed for “advanced degree exemption” applicants. This category maxes out […]
The Startup Visa Act for immigrant entrepreneurs. Harlan York, the #1 Immigration Attorney. # 1 Abogado de Inmigración
Recently, Senators John Kerry and Richard Lugar proposed a new type of investor-based visa called the The Startup Visa Act, with the goal of creating jobs in the US and increasing American global competitiveness. The Startup Visa Act has been drafted to allow immigrant entrepreneurs who are creating new companies to get visas to come […]
I-9 Compliance: Steps Employers Can Take to Avoid Liability
With worksite enforcement a priority for ICE, employers need to take heed: even employers that have not been accused of knowingly employing undocumented workers can expect site visits and can be held liable for clerical violations and subject to steep civil fines. Well-intentioned employers often find inadvertent paperwork errors or technical violations during their internal […]
Immigration Consequences of Plea Bargains (for attorneys & immigrants)
NOTICE ON IMMIGRATION CONSEQUENCES OF PLEA BARGAINS VERY DAY, THOUSANDS OF LEGAL IMMIGRANTS PLEAD GUILTY TO CRIMES THAT WILL RESULT IN THEIR DEPORTATION. WE CAN HELP. Many guilty pleas trigger deportation. Millions of clients with GREEN CARDS arrive as children. They’ve lived in the US for SO LONG that they don’t have family in their […]
Legal Aliens Apply for Citizenship, Face Deportation
Today’s New York Times feature, “Perfectly Legal Immigrants, Until They Applied for Citizenship,” tells the tale of long time green card holders who attempted to be naturalized. Instead of being granted citizenship, these applicants were not just denied naturalization. Their green cards were taken away and they now face deportation. We have represented countless LEGAL […]
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During war USA offers safe haven: Immigration updates for Israel & Ukraine
The USA has long been considered a safe haven for those escaping war, crime, persecution, or poverty. In 2023 we have seen war ongoing in the Ukraine, and now horrible images coming out of Israel. Carrying on its tradition of opening the US to those in need, the immigration system has opened new channels for individuals in these areas to find safe haven in the US. If you are in the Ukraine, Israel...
T Visa: Everything You Have To Know for T Visa in 2020
Human trafficking is a modern form of slavery, in which immigrants are brought into a country for forced labor or sexual exploitation. The United States is considered one of the top three worst human trafficking countries in the world along with Mexico and the Philippines. It is estimated that 18-20,000 victims are trafficked in the US every year. Human trafficking is defined as involuntary servi...
Border Crisis in Us Is Nothing New
A border crisis is nothing new. That is a fact. As long as countries have had borders, people have been trying to cross them any way they can. Twenty years ago, when Central American refugees consulted with US immigration attorneys, they often spoke of the dangers that remained in their home countries due to guerrilla factions. Many of these people applied for political asylum. They were part of t...
Central American Teenagers Break Record!
The volume of Central American Teenagers traveling to the US without adults increased by five times the number in 2011. On June 2, the President requested that Congress allocate $1.4 billion to deal with this issue. Reportedly, more than 47,000 minors were stopped by Customs and Border Protection since October 1, 2013. Many are Mexican and those kids are often sent back. But the Central American t...
Political Asylum – 15 Things You Must Know
The United States has long offered protection to immigrants in the form of Political Asylum. This path to freedom may be given to immigrants who apply for political asylum within one year of entry into the United States, or those who face deportation in an Immigration Court hearing.
The H-1B Visa for Highly Skilled Workers: Requirements and Updates for 2021
If you are a skilled worker the H-1B visa can be a great way to get into the United States to work, and eventually as a path to a green card and permanent residency. However with H-1B visa denials up in the United States, it’s more important that ever to make sure you have everything you need in advance before you apply.
Cautiously Optimistic When Looking Ahead at Biden Immigration Proposal
As we enter the era of the Biden administration, many people are feeling optimistic about immigration over the next four years. So much so that as we speak there are 6000 Honduran immigrants at the border of Guatemala hoping to enter the US for a better chance in the land of the free.
Are Trump’s Immigration Policies Bad for Business?
While the policy of separating families at the border have been headline news, last year’s “Buy American and Hire American” executive order that directed government officials to “rigorously enforce” immigration laws has serious consequences for US companies. The April 2017 order, followed by legislation that aims to cut legal immigration in half, means that this summer saw less immigrant workers t...
Getting a Green Card: Marriage vs. Employment
You have a handful of choices when seeking permanent residence in the United States. Most people usually choose between getting a green card through family, particularly marriage, or looking at employment visas. There are varying waiting times for many immigrants in different relative classifications, from siblings of citizens to the adult children of green card holders as well as a host of employ...
Three Degrees of Law: Harlan York’s New Book Due in April!
To be happy and successful as a lawyer: find a path that you love, practice the best way you can, & work with compassion. I reject the myth that lawyers must put in twenty hour days doing jobs they hate! There are hundreds of ways to make use of law school and to have a satisfying career. In Three Degrees of Law, I point out how apathy will kill a lawyer faster than anything!
Premium Processing – Only $1225 or Government Extortion?
There are many benefits to the I-907. The government makes a fortune on these cases, which helps the economy. Immigrants who might otherwise be forced to wait longer to receive work visas can get on the job faster which is good for everybody: employers, employees and those they serve.
Immigrants Needed on Us World Cup Team: 12 Reasons Why (Skilled Labor Shortage, Soccer)
Why are immigrants needed in America? One might not look any further than the soccer field. Half of the American World Cup Team would not be playing without sensible immigration laws. In fact this whole scenario reminds me of Henry Cejudo, the youngest American wrestler to win Olympic Gold. Cejudo, who brought a gold medal home from China in 2008, is the son of a hard working Mexican mom.
H-4 Visa Holders to Get Work Permits: A Review of What May Occur
Attention H-4 Visa Holders: Yesterday the United States Department of Homeland Security made a huge announcement. A number of proposed federal rules will be published. The most important one that appears to be imminent deals with spouses of H-1B visa holders. These H-1B husbands and wives, called H-4 Visa Holders in the Immigration law, may […]
Miley Cyrus Can Teach Us About Immigration Reform
Back in September 2013, I posted the following on my law firm Facebook: “Thought on Immigration Reform. Make Noise. Follow Miley Cyrus’ lead. She told 14 million Twitter followers that if her video set a record for views, she’d release her new song list. Her video broke 19 million views! DREAMers, Paying ATTENTION? Follow that lead!”
Whatever Happened to the American Dream?
Today I did a standard consultation with a United States citizen. The fellow, a son of Italian immigrants, appeared in my office. Hard working guy who built a very successful construction company. He wanted to know about sponsoring a Central American employee. I explained that the immigration law had changed in 2001. Thus I could not properly achieve what he was seeking. The guy was incredulous...
Specialized Knowledge: A Review of the L-1B Immigration Dance
I heard Phish bassist Mike Gordon say today that his bandmate Trey Anastasio once told Dave Matthews that placing the word “dance” in a song can automatically encourage a crowd to dance. United States Citizenship and Immigration Services have begun their own dance song, in recent years. And immigrants, their employers and attorneys, have all had to start dancing as fast as possible to keep up wit...
Current H1B visa availability
Harlan York, the #1 Immigration Attorney. Your best choice for an Immigration Attorney if you live in Bergen County, NJ (Hackensack and Garfield). As of last week, USCIS had received approximately 13,600 H1B petitions counting toward the 65,000 cap. Moreover, about 5800 petitions have been filed for “advanced degree exemption” applicants. This category maxes out […]
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What Is Daca and Why Should You Care? Updated Sept 2023
In the summer of 2012, following 2 years of protest and grassroots advocacy by affected youth (“Dreamers”), not to mention the prospect of his getting reelected, President Barack Obama announced an executive action of DACA on June 15, 2012. DACA pushed young people — previously attending school and working in the shadows — forward, to ensure that they could get some kind of protection under the la...
Will Dreamers & DACA Recipients Get Green Cards Under Biden?
Still Waiting for the DREAM to become REALITY: This is my 25th year as an immigration lawyer — and we are focused on Dreamers and DACA. It was recently announced that Senator Durbin and Senator Graham have proposed a bipartisan Dream act for 2021. What’s notable about this is that 20 years ago, Senator Durbin with then-Senator Hatch did...
Can’t Apply for DACA? Six Alternate Ways We’ve Stopped Deportation of Dreamers
Close to 800,000 people in the United States have been protected (more than the current population of Seattle) under the DACA executive order that came into effect under former President Obama. If you include those young people that applied for the program and didn’t get into it, or those who were eligible, but hadn’t applied yet, all in this change affects upwards of over a million young people i...
DACA “Not Dead Yet”: Renew DACA Now!
Federal judge William Alsop in San Francisco has blocked Trump’s administration from ending DACA. Claiming that the move to rescind the program was based on “a flawed legal premise,” he ruled that the program must be left in place until the litigation to remove it has been decided. Dreamers’ lives were thrown into uncertainty and turmoil last fall when Trump’s administration rescinded DACA. At the...
Inadmissibility vs Deportability – Here’s How Your Criminal History Can Affect Immigration
Who is affected by inadmissibility? What is inadmissibility? Common grounds for deportability. What is a conviction? It may be broader than you think. It can be very confusing for people facing immigration problems due to past crimes, to understand the difference between deportability and inadmissibility. There are two separate sections…
Facing Deportation? Know Your Rights & Know What To Do
It’s many people’s worst nightmare. You – or your loved one – receive a notice to appear in removal proceedings and are threatened with deportation. As I always remind people, the word was changed almost 25 years ago to “removal” by Congress. Then, President Bill Clinton signed the law. But make no mistake. It is still deportation. Many people panic as soon as they receive their notice, and conte...
Can’t Apply for DACA? Six Alternate Ways We’ve Stopped Deportation of Dreamers
Close to 800,000 people in the United States have been protected (more than the current population of Seattle) under the DACA executive order that came into effect under former President Obama. If you include those young people that applied for the program and didn’t get into it, or those who were eligible, but hadn’t applied yet, all in this change affects upwards of over a million young people i...
Inadmissibility vs Deportability – Here’s How Your Criminal History Can Affect Immigration
It can be very confusing for people facing immigration problems due to past crimes to understand the difference between deportability and inadmissibility. That is because there are two separate sections of U.S. immigration law that govern whether a crime will bar you from getting a green card (if you don’t have one), or whether it will lead to your green card being taken away. These are the laws...
Thinking of Reentering the US After Removal (Deportation)? Read This Before You Border Cross
We know how it goes. You’ve been removed (deported), but your life and family are back in the United States. The first thing to know is that even as an illegal immigrant who is being removed, you have rights. There are many legal ways to fight deportation, so don’t panic.
A Deportation Appeal Can Stop Removal. Here’s Why (and When) You Should File One
There has been a lot of talk about illegal immigrants and deportation for the past week in the US. Getting deported is one of the main fears we hear when people come to our office. For many people, receiving a notice of deportation, (or worse – getting put into detention) can feel like the end of the line for their dreams of living lawfully in the US.
12 Things You Must Know About Deportation Defense
It’s incredible. People are supposed to know their rights. But Immigrants sometimes are unaware. Here are 12 Things You Must Know About Deportation Defense: 1. You have a right to a hearing. Nobody served with a Notice to Appear in Removal Proceedings can just be deported. Often denials of green card applications contain language that […]
5 Signs You Should Invest In a Deportation Lawyer
All the better if you seek out a deportation lawyer team led by an attorney with a track record of success. More brains and more strategy. A greater likelihood of victory. Here are 5 Signs You Should Invest In a Deportation Lawyer: 1. Service with a Notice to Appear in Removal Proceedings. This is the […]
Deferred Action for Dreamers: A 2014 Review
There is new guidance out there for Dreamers. The group of immigrant children and young people who were granted Deferred Action for Childhood Arrivals (DACA) based on grants by ICE (Immigration and Customs Enforcement) are able to renew! All Deferred Action issued BY ICE may be renewed 120 days before the expiration of the first […]
Right To Remain Silent: Do Immigrants Have It?
Anyone who has watched any TV cop show knows “You have the right to remain silent.” This right stems from the famous Supreme Court case of 1966 known as Miranda v. Arizona. For nearly half a century, police have been required to give Miranda warnings to criminal suspects. When Immigration and Customs Enforcement arrests an immigrant, there is no right to remain silent. But is this just?
Legal Aliens Apply for Citizenship, Face Deportation
Today’s New York Times feature, “Perfectly Legal Immigrants, Until They Applied for Citizenship,” tells the tale of long time green card holders who attempted to be naturalized. Instead of being granted citizenship, these applicants were not just denied naturalization. Their green cards were taken away and they now face deportation. We have represented countless LEGAL […]
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Facing a CBP Legal Issue? We can help
The US CBP (Customs & Border Patrol) currently operates in all 50 states, in over 50 countries, and at 328 ports of entry. In any given year, there are a huge amount of legal issues stemming from CBP encounters. If you need a CBP lawyer, we can help. When faced with complex legal challenges related […]
2021 Sees Huge Rise of Immigrants Sitting in Jail: Here’s How To Get Them Out
This year, the number of immigrants held in private prisons & local jails that sat partially empty during the pandemic has risen from 14,000 in early January 2021 to nearly 27,000 in July. Over the years, we have spent a great deal of time visiting people in immigration custody. Many folks think of actual criminals that “belong” in jail — conjured up images of immigrants tied to organized crime or...
The Fastest Way Out of Detention? What You Need To Know About Bail / Bond
Many friends and families call upon our immigration law firm with questions when there is a loved one detained by Immigration. The first question we are usually asked is: how can we get our loved one out of there; can we post bail for immigrants in detention?
Pregnant and Worried about Deportation? Here Is What You Need to Know about Being Pregnant in a Detention Center
Detention centers are unpleasant places for everyone, but for pregnant women they can be particularly unforgiving. Horror stories abound in the news about women who have been denied medical care by ICE, even after complications such as miscarriages.
Immigration Detainer: Federal Court Solves Big Problem!
On March 4, 2014, the US Court of Appeals for the 3rd Circuit issued a very important ruling. The case is called Galarza v. Szalczyk. The 3rd Circuit ruled that an immigration detainer is NOT mandatory. Rather, when Homeland Security lodges an immigration detainer, it is a request to a criminal detention facility to hold […]
Immigration Detention and Release: 7 Quick Tips
This new article will discuss typical issues on applying for Bond (what Immigration authorities call Bail in Immigration Detention cases) as well as Parole (another way to be released). All over the United States, immigration lawyers receive calls and emails about new arrivals in Immigration Detention, facing deportation (called Removal since 1997).
Defending the Detained Immigrant
Immigration Detention is at an all time high. There is so much media coverage given to immigration law. However, other than the occasional story about private corrections agencies that lobby for certain immigration policy, little is said about the massive numbers of folks in the custody of the Department of Homeland Security. The President, deemed […]
Immigration Detention: From Pickup to Release Seminar airs April 3
AIRING APRIL 3 at Noon EST on LawLine.com When your immigrant client is detained by Immigration and Customs Enforcement (ICE), the three main questions that are often asked are: (1) what is the distinction between criminal and non-criminal detention, (2) is your client a candidate for bond, and (3) how will detention impact your client’s […]
Immigration Consequences of Plea Bargains (for attorneys & immigrants)
NOTICE ON IMMIGRATION CONSEQUENCES OF PLEA BARGAINS VERY DAY, THOUSANDS OF LEGAL IMMIGRANTS PLEAD GUILTY TO CRIMES THAT WILL RESULT IN THEIR DEPORTATION. WE CAN HELP. Many guilty pleas trigger deportation. Millions of clients with GREEN CARDS arrive as children. They’ve lived in the US for SO LONG that they don’t have family in their […]
The “IR” Green Card: Your guide to US residency based on Marriage, Parents and Children
What is an IR6 Green Card? Who can apply for an IR Green Card? How long is the IR green card good for? Can an IR green card be revoked? Looking to get your green card? Or are you a U.S. citizen hoping to file for a parent, spouse or child? For those who have […]
Parole in Place: 2022 Military Immigration Law Gives Green Card to Parents, Spouses, Kids
Are you enlisted? Or are you an officer in the US military or a veteran of the US military with family in the US but here unlawfully? As of November of 2013, the United States Department of Homeland Security expanded a previously existing military immigration law called parole in place that directly benefits the family members of military personnel.
Marriage Based Green Cards: Top Questions & Mistakes 2021 / 2022
About 21% of all immigrants enter the US through family-based green cards every year. Many people believe that getting a green card through marriage is one of the fastest and easiest ways to become a US citizen, but this is not necessarily the case. Things can go very wrong with this type of green card application, for a host of reasons.
What Is a K-1 Visa? What You Need To Know About the Fiancee Visa
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
Same Sex Marriage For Immigration / Green Cards: Updated for 2020
If you are in a gay or lesbian marriage, can you get a green card if one spouse is already a green card holder or US citizen? The short answer is YES. Same sex marriage has been legal nationwide in the United States since June 2015...
Your Immigration Medical Exam (I-693): A Step by Step Guide for Success
Whether your green card application is based on family, employment, visa lottery, political asylum or any other means, everyone must file a completed Green Card, or Immigration Medical Exam ( also known as an I-693, I693, or I 693 form) before approval. If you want to get a green card “fast” (and of course that term is relative) you need a properly completed green card medical exam.
Getting a Green Card Through Marriage or Family – I-601A Provisional Waiver
Since 2016, more undocumented immigrants are able to get their green cards through marriage than ever before. The expanded I-601A waiver means that many applicants who previously could not qualify now have this route open to them. Before 2016 only adult (over age 21) children or spouses of US citizens could apply. Since then it has opened up to include: spouses and adult children of U.S. citizens...
Removal of Conditions on a 2 Year Green Card: What You Need To Know About Your I-751
Immigrants with marriage based green cards face the need to file Removal of Conditions after initially receiving two year (“conditional”) status. Removal Of Conditions is filed on Form I-751. Universal rule: Marriage must be entered into in good faith.
Getting a Green Card: Marriage vs. Employment
You have a handful of choices when seeking permanent residence in the United States. Most people usually choose between getting a green card through family, particularly marriage, or looking at employment visas. There are varying waiting times for many immigrants in different relative classifications, from siblings of citizens to the adult children of green card holders as well as a host of employ...
4 Main Problems (and Solutions) in Same Sex Marriage Green Card Cases
It’s now been a few years since same sex marriage has been considered legal in the United States. Let’s address some of the common problems and solutions for same sex marriage Green Card cases. Now, same sex marriage green cards between citizens and immigrants may form the basis for legal immigration.
Same Sex Immigration: Marriage and Bisexuality
The New York Times published a piece a few years ago called “Bisexual: A Label With Layers.” There were no direct references to immigration law, but I immediately thought of our work, especially the recent green card applications we have successfully completed in same sex immigration marriage. As the Immigration Service points out on its very own website, same sex immigration marriage is now to be...
The Top 4 Mistakes in Immigration Through Marriage
About 21% of all immigrants enter the US through family-based green cards every year. Many people believe that getting a green card through marriage is one of the fastest and easiest ways to become a US citizen, but this is not necessarily the case...
Green Cards Through Marriage: Should You Apply in the US or Abroad?
One of the main questions we get asked by clients who are aiming to get green cards through marriage is: “Should we apply for the green card in the United States OR at the Embassy overseas?” There is only one answer we give to this question...
Marriage Based Green Cards Common Questions & Mistakes
I’ve been an Immigration Lawyer for two decades, and I see some of the same mistakes over and over again. A lot of these mistakes stem from people just not really understanding the law…and why would they? Immigration law is considered one of the most complicated fields in law: the rules are constantly changing, and […]
Why the World Would End Without People Getting Legal Status
Think about that figure for a moment. In 30 years, the number more than doubled. We are closing in on the 50th anniversary of the US Supreme Court decision in Loving v. Virginia, which struck down laws banning interracial marriage. And we just passed the one year mark since the Court ruled in United States v. Windsor that same sex marriages must be recognized by the federal government. Now, due ...
Deferred Action for Dreamers – 10 Reasons Why It Is Best
Like you – we as immigration lawyers – continue to hold our breath that Congress will finally act to change the current immigration law. Meanwhile there are still Two Million people who should consider Deferred Action for Childhood Arrivals (“Dreamers”).
5 Things You Must Know About Same Sex Marriage Immigration
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
Immigration Appeals Court Recognizes Same Sex Marriage as Basis for Green Card
In Matter of ZELENIAK, decided today, the Board of Immigration Appeals held that the 1996 Defense of Marriage Act (DOMA) is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the Immigration Act. Therefore, an immigrant spouse of a US citizen may acquire lawful permanent resident status in the United […]
The Effect of US v. Windsor on Immigration Law for Same-Sex Couples
Since the US Supreme Court’s ruling was issued today against DOMA, it looks like same-sex couples will be considered for marriage-based green cards. Applications – previously denied only because a couple is gay – should be granted. A marriage in a state or country where that ceremony is legal should confer eligibility to apply for lawful permanent residence. Again, if you were [&...
Immigration Reform and Same Sex Marriage
Two of the most anticipated developments this year are what Congress will do about immigration reform and how the Supreme Court will rule on same sex marriage. It is very significant that there is much intersection between these issues, despite little connection being drawn publicly between them. If the High Court decides that there is […]
New Bill would allow Immigrant parents, spouses & kids of active duty military to gain legal status
Sen. Robert Menendez introduced a bill that would allow the immigrant parents, spouses and children of active duty military service members to gain legal status, part of a push to allow small sectors of the undocumented population to avoid deportation. “I just can’t believe that you can risk your life for America, and America can’t […]
Until Gay Marriage is Legal, Why Not?
The AG’s recent decision in Dornan shows the government’s interest in exploring how civil unions might allow a US citizen partner to petition for an immigrant partner. It would seem to me that an interim solution to the problem facing gay couples from two different nations who wish to reside lawfully in the US would be to allow […]
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Parole in Place: 2022 Military Immigration Law Gives Green Card to Parents, Spouses, Kids
Are you enlisted? Or are you an officer in the US military or a veteran of the US military with family in the US but here unlawfully? As of November of 2013, the United States Department of Homeland Security expanded a previously existing military immigration law called parole in place that directly benefits the family members of military personnel.
Marriage Based Green Cards: Top Questions & Mistakes 2021 / 2022
About 21% of all immigrants enter the US through family-based green cards every year. Many people believe that getting a green card through marriage is one of the fastest and easiest ways to become a US citizen, but this is not necessarily the case. Things can go very wrong with this type of green card application, for a host of reasons.
Why Citizenship May Be Denied – 7 Reasons You Need To Know
Of all the applications filed with the immigration service, many people find form n-400 (naturalization) to be the least complicated. This may have been true at one time, but over the past few years this form has grown from 4 pages, to 21 pages long!
Filing Your Change of Address (Form Ar-11) With USCIS? Here Is What To Do
Forgetting to file, or making errors when filing your change of address Form AR-11 with USCIS can lead to deportation. We have seen clients who say, “we did everything right, how can a change of address form lead to deportation?” Still we have to step in because they are facing removal. Here is what you need to know about filing your change of address form.
What Problems Do Immigrants Face? 5 Top Problems on the Road to Immigration and Naturalization
The term “immigrant” gets tossed around a lot these days – it feels like more than ever since the Trump administration came to power. I tweet 3 to 5 new immigration articles daily, or it seems that way… In the US, however, most of us are immigrants in one way or another. It just depends on how many generations you go back. Immigrants have frequently experienced difficulties in trying to go to ano...
Immigration Lawyer Fees – What Should You Be Paying?
One of the first questions we often get asked after someone contacts our firm is: how much is this going to cost? There is a lot of confusion out there about what someone should pay for immigration lawyer fees. This is because there is such a huge variation in prices. Immigrants are faced with everything from bargain basement do-it-all-law firms, to this article in the The New Jersey Law Journal q...
Muslim Immigration Unfairly Targeted: What You Must Know
Are you a Muslim going through immigration, or trying to get a green card in the US? Read this post first! If you have been waiting for your citizenship decision for an unusual length of time or you have been delayed for your green card, then you may be targeted by the CARRP program.
Executive Order on Immigration: Top 7 Myths
Executive order – It’s been five weeks since President Obama spoke to the Nation on Immigration Action. In that short time, law firms all over America which exclusively handle immigration matters have been flooded with calls, emails and in person consultations.
Most people want to know about expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents (DAPA). We have be...
Executive Order on Immigration: 7 Things to Know
An executive order is not an uncommon thing. Teddy Roosevelt issued more than 1000. FDR owns the record with 3500-plus. Both Ronald Reagan and Bill Clinton neared 400 apiece. Clinton even entered the war in Kosovo by executive order 15 years ago. Now President Obama reportedly will issue an executive order on immigration in September. I have never been shy about criticizing the Deporter in Chief...
Illegal Immigration: Not Just a Modern or American Phenomenon
In the United States there has always been much controversy about “illegal immigration.” I have never been as offended by the language as some commentators and advocates. To me, it is just a term that reflects a part of American history. Hardly a new topic, the plight of the undocumented foreign national has been perpetually in the public eye. In our nation’s past, the original British colonists...
DACA Renewal in 2014 vs. DACA 2012 – What You Need To Know Now
On April 9, 2014, the United States Citizenship and Immigration Services FINALLY announced the proposed renewal program for Deferred Action for Childhood Arrivals (DACA renewal). The proposal is very good news for more than 500,000 DACA holders. It is not without its problems, more of which appear below. The DACA renewal plan explains three crucial parts of the process:
Immigration Reform vs. Immigration Reality
For one, I would like to be an optimist about immigration reform. I really wish that immigration reform would pass already. We have been waiting since Section 245 (i) left the Immigration and Nationality Act on April 30, 2001. Gone are the days when immigrants paid a $1000 penalty in their green card applications through work and family as a trade-off for crossing the border.
Everything You Need To Know About Filipino TPS
Many Filipino associations and American politicians have requested that the President designate Filipinos for TPS. It really would be sensible and humane to set Temporary Protected Status for nationals of the Philippines much like Haitians given TPS after the terrible earthquake there. Immigrants receiving TPS are few and far between.
Immigration Policy: 4 Things You Need To Know
Gandhi was once famously asked if he was a Hindu. His answer: “Yes I am. I am also a Christian, a Muslim, a Buddhist and a Jew.” This perspective is very important when representing immigrants. As lawyers who help immigrants, we must look at all of our clients with truly global perspective. Here are four essential points that you must remember in reviewing immigration policy...
Immigration Reform – Why We Will Not Give Up
“White Americans. What? Nothin’ better to do? Why don’t you kick yourself out. You’re an immigrant too.” – Jack White. The above lyrics from the 2007 hit “Icky Thump” remind me of the oft-repeated notion that the only people who are not immigrants are the Native Americans. But then immigrants have always taken the scapegoat beating...
3 Things Immigrants Must Know About Shutdown Effect on Them – Now vs. Later
The federal government shutdown that started earlier this week has already affected the country in many ways. While the Immigration Service appears to operating “business as usual,” many other federal agencies are not functioning normally...
Immigration Reform: 7 Things You Must Know
It has been lurking in the news for years, but over the last ten months or so, immigration reform has truly stayed among the biggest stories. Here’s everything you must know, based on my 18 years of experience in the immigration field and countless studies, both long term and in 2013...
George W. Bush emerges again on Immigration Reform
Former President George W. Bush spoke out this week – to push Congress to do what he repeatedly favored throughout his time in the White House – to reform immigration. Bush spoke of fixing the “broken system” and giving people “respect.” The fact that reform never passed during his eight years as Chief Executive always […]
A Very Important Immigration Decision from the 6th Circuit
“This case illustrates the archaic and convoluted state of our current immigration system.” So begins a very important June 5th decision from the 6th Circuit, which has authority over immigration cases in Ohio, Michigan, Kentucky, and Tennessee. In Flores, et al. v. USCIS, et al. the ruling is that border crosser immigrants with Temporary Permanent […]
Judiciary Committee passes Immigration Modernization Act to Senate floor for vote!
Today the Senate Judiciary Committee voted to pass the Border Security, Economic Opportunity & Immigration Modernization Act to the Senate floor for full vote! The bipartisan Gang of Eight compromised in a number of areas to convince conservatives to back the measure. And Senator Orrin Hatch’s amendment, raises the minimum number of H-1Bs to 115,000 […]
While we wait for reform, here’s what we can do under current immigration law (Part 2)
K-1 visas for fiancées of US citizens. We have had a number of these approved in recent months and more pending … Litigation for immigrants. Every single day we take on new court matters in NJ NY PA and many other states. Managers and executives at international companies — who file for both L visas […]
A Look at the Senate’s New Immigration Plan
I have been a proud member of the American Immigration Lawyers Association (AILA) for well over 15 years. AILA has done excellent work in many areas, advocating on behalf of foreign nationals from all over the globe. This week, AILA took a look at the bill known as the Border Security, Economic Opportunity, and Immigration […]
A Change Is Gonna Come
I have written and spoken for years about how our representatives favor certain ideals. The media sometimes distorts things, but it is now clearer than ever that we are starting to see a change coming. Today, a group of conservative members of the House voiced agreement with Tea Party member and Senator Rand Paul’s recent […]
Anything Is Possible
As we stand closer to immigration reform, I talk to many people who are disillusioned and unsure. “We have been here for more than a decade,” they say, “and we work hard, pay taxes, have US born kids, but still we await our green cards.” I reply to them that reform may be imminent. But some immigrants tell me […]
Immigration: What Now?
Well, with a Republican-controlled House, Democratic Senate, and a second term for the President, what to expect on Immigration? Microsoft, Intel and Hewlett-Packard, among others, have pushed to expand H-1B visa availability from its current 65,000 annual limit. So, will immigration reform be a place for a deal between Obama and Congress? Legislators have hesitated […]
DREAM Act will not go away
What does the DREAM Act mean? Legalization for youth who came here at least 5 years ago, before age 16 and who wish to complete 2 years of college or military service. The Congressional Budget Office estimated the DREAM Act will result in $1.4 billion in deficit reduction over the next decade. Students will pay […]
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Want To Send a Letter to Santa Claus? Here’s How To Reach Him (and get an answer back)
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
The Best Pizza vs. the Best Immigration Lawyer – 3 Important Warnings
Back in college, I had a buddy whose mother mailed him a check so he could buy some new clothes. He promptly cashed it and bought some pizza. When I asked why he spent his parents’ hard earned money on food, he replied, “You can’t eat a shirt.” Interesting. Which got me to thinking…
Why Is My Immigration Case Taking So Long? (And How To Speed Up the Process)
Have you been waiting a long time for your Green Card, Visa, Removal Hearing, or any other immigration application? At any given time there are millions of immigrants waiting, sometimes for months or often years, to get into the United States. If you are already in the US, it can feel like forever while you are waiting to hear from Immigration.
Updates to TPS (Temporary Protected Status) in the US 2023
When Haitians in the United States were given Temporary Protected Status (TPS) in 2011, it benefited 100,000 to 200,000 immigrants affected by the earthquake. This policy was humane and resulted in much needed relief for many people. While TPS is NOT a green card, it can be a way to eventually become a permanent resident in the United States in certain cases, and is a good option for those whose h...
Can I Call a Lawyer? Know Your Rights Before Crossing the Border
There is a lot of fear about crossing through the United States border these days. Many people are afraid of being detained, having their phones searched or taken, and not making it in – or out – of the US. During times like these, the best thing you can do is know your rights. Information is the best way to prepare yourself, and smooth out as many difficulties as possible BEFORE you get to the bo...
The “IR” Green Card: Your guide to US residency based on Marriage, Parents and Children
What is an IR6 Green Card? Who can apply for an IR Green Card? How long is the IR green card good for? Can an IR green card be revoked? Looking to get your green card? Or are you a U.S. citizen hoping to file for a parent, spouse or child? For those who have […]
20th Anniversary of Department of Homeland Security – March 1, 2023
What is the Department of Homeland Security? What are the achievements of DHS? What are the challenges faced by DHS? How does DHS affect immigration today? What is the future of DHS? The whole world changed on September 11, 2001. As an immigration lawyer, I believe it is essential to recognize the 20th anniversary of […]
What are the four main types of Immigration in the US?
The United States has a long history of being enriched through immigration. Immigrants come to the United States from all around the world for various reasons and through different channels. The four main categories of immigrants are family-based, employment-based, humanitarian-based, and diversity-based.
Can You Vote If You Have A Green Card?
Green card holders, also known as legal permanent residents, are allowed to live and work in the United States on a permanent basis. However, one thing they are not able to do is vote in federal elections. Only U.S. citizens are allowed to vote in federal elections, including presidential, congressional, and local elections. It’s important […]
Our Holiday Traditions Are A Gift From Around The Globe
Every year people around the US settle into the holiday season deeply enriched by Christmas (or Hanukkah) traditions from around the world. Whether putting up a Christmas Tree, singing carols, putting out cookies and milk for Santa, or opening an advent calendar, our Holiday traditions are brought to us by (and constantly evolving from) the rich diversity of our immigrant population.
DACA Hanging On by a Thread: Dreamers in Danger of Losing Protection
Is DACA still in place? Who can apply for DACA? Can you currently renew your previous DACA status? If you are not yet a Dreamer, here is what you need to know to apply. Not in the DACA program? Don’t despair. DACA currently on life support… Last week, big tech…
How Long Does It Take To Get Citizenship After Your Green Card? What You Need To Know.
So you’ve received your green card, and it seems like a huge relief, but your journey towards becoming a US citizen is far from over. Many people mistakenly think that getting their green card is the end goal. Just what are the steps to getting your citizenship after you get your green card, and how […]
How Long Does It Take To Get Citizenship After Your Green Card? What You Need To Know.
When I receive my green card, am I a citizen? How long do I have to wait to apply for citizenship? What are the steps to becoming a citizen once I have my green card? What could stop me from getting my citizenship? So you’ve received your green card, and it seems like a huge […]
Temporary Protected Status: An Overview For 2022
What are the benefits of Temporary Protected Status? Is TPS the same as Asylum? Can Temporary Protected Status Lead To A Green Card? Who Qualifies For Temporary Protection Status? How do you apply for TPS? How Long Does It Take To Get Temporary Protection Status? What’s new in TPS for 2021/2022? What happens if you […]
Do immigrants help the economy? Yes! Here’s how
Immigrants help our economy The Latest Fortune 500 list is full of immigrants Unemployment at a record low — now is not the time to block immigration The United States is one of the greatest countries in the world, and in no small part from its long history of immigration. This country was built by […]
Are you an immigrant afraid of deportation? New Memo on Prosecutorial Discretion may HELP!
What is prosecutorial discretion? How can Prosecutorial Discretion help or hinder your case? What cases qualify for high priority in deportation? Good News For Immigrants in the United States. New policy under Biden signals a return to pre-Trump days in terms of prosecutorial discretion. Immigration once again has the power to prioritize through assessment of […]
Do I Need an Immigration Lawyer? Three reasons not to DIY immigration matters
It is human nature to search for help with a problem. Time was, you got out a phone book and called a plumber if your sink was clogged beyond belief. In those days, you certainly called a doctor if you were feeling really sick. And then came the Internet. All of a sudden, the mentality […]
Parole in Place: 2022 Military Immigration Law Gives Green Card to Parents, Spouses, Kids
Are you enlisted? Or are you an officer in the US military or a veteran of the US military with family in the US but here unlawfully? As of November of 2013, the United States Department of Homeland Security expanded a previously existing military immigration law called parole in place that directly benefits the family members of military personnel.
Marriage Based Green Cards: Top Questions & Mistakes 2021 / 2022
About 21% of all immigrants enter the US through family-based green cards every year. Many people believe that getting a green card through marriage is one of the fastest and easiest ways to become a US citizen, but this is not necessarily the case. Things can go very wrong with this type of green card application, for a host of reasons.
Extraordinary Ability? How To Be Approved Quickly for a US Visa
Getting a work visa through employment is tough these days. Ask anyone in any industry. If you are a highly skilled foreign professional, athlete, or artist – who is not currently seeking a job change – you may want to consider applying for an “extraordinary ability” visa to get into the United States.
With Experience Under 5 Presidents, One Thing Is Certain: Immigration Is Challenging No Matter Who’s in Charge!
Sometimes it’s hard to believe, but I’ve been in immigration law for 25 years. With every new President or Congress, there are always those that think “this one will be different.” When it comes to immigration law, “different” is variable. No matter who is POTUS, immigration law is very challenging. I’ve been through five presidential administrations, and the roller coaster ride never stops. There...
A Return to Prosecutorial Discretion Means Some Relief for Immigrants
Good News For Immigrants in the United States. New laws under Biden mean a return to pre-Trump days in terms of prosecutorial discretion. Immigration officers once again have the power to prioritize through assessment of cases. The Trump administration passed three executive orders that essentially made everyone who is an undocumented immigrant a priority for deportation, as well as rescinding mo...
ICE Sets Out Temporary New Guidelines for Deportation / Removal
In the whirlwind of change that has marked the beginning of the Biden administration, ICE has received some changes to their guidelines for removal / deportation that have been effective as of February 18, and put forth with very little fanfare. These changes are in effect until “Secretary Mayorkas issues new enforcement guidelines. The Secretary has informed me that he will issue new guidelines o...
DACA Is Back! Judge Orders Homeland To Immediately Begin Accepting Applications
Hundreds of thousands of young immigrants can breathe a sigh of relief. The Supreme Court has blocked an attempt by the Trump administration to end DACA. Moreover, a federal judge has ordered USCIS to start accepting new DACA applications.
Trump or Biden? Who Will Be Better for Immigrants & Immigration?
The election next week is shaping up to be one of the most contentious in history. There is a lot of uncertainty, not only of outcomes, but also as to whether either side will respect or believe the other is ultimately the winner. Many people fervently feel that it is essential that one side or the other win, or else, “catastrophe.” When it comes to immigration law...
Speeding Up My Immigration Application: Green Cards, Work Visas, etc…
During COVID it’s very hard to know how long an application can take. However if you have you been waiting a long time for your application for a Green Card, Work Visa, Student Visa, or any other immigration application? We’ve had a lot of success going through the immigration service to speed up applications that have stalled or are just taking too long.
Significant Fee Increases for Immigration Services Coming on October 2, 2020
USCIS published its new fee schedule – with some significant or even dramatic increases – on August 2 of this year, to go into effect on October 2. USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the full cost of providing adjudication and naturalization services.
Has Your Green Card Has Expired? Here Is What to Do
We’ve been getting a lot of panicked phone calls lately from clients who have been granted their permanent residency, but whose green cards are expiring. To this I always answer: don’t panic. Unless you have a conditional 2-year green card, your permanent residency is…well…permanent. Even if your green card expires you are STILL a permanent resident.
Can’t Apply for DACA? Six Alternate Ways We’ve Stopped Deportation of Dreamers
Close to 800,000 people in the United States have been protected (more than the current population of Seattle) under the DACA executive order that came into effect under former President Obama. If you include those young people that applied for the program and didn’t get into it, or those who were eligible, but hadn’t applied yet, all in this change affects upwards of over a million young people i...
New Trump Immigration Order Flies in the Face of Common Sense
Obviously it’s an understatement to say that the new Trump order stinks. Temporarily suspending the H1B visa, and other work visas makes no sense, by ignoring the US need for workers in healthcare, schools, camps, technology, and so many other industries especially during Covid. The mythological argument that immigrants steal jobs is older than America itself.
Some Good Immigration News During the Pandemic
This week I’m going to be talking about some positive things, and giving people some realistic perspective on the executive order that came out from the President last week. I say realistic because as I try to keep to reminding people: you have to be careful what you read, and listen to. Fear sells; and fear drives the media more and more in the post 9.11 era. It’s just a fact.
Trump’s Plan To Limit Green Cards: Five Things You Need To Know
As a kid I loved reading Encyclopedia Brown books. He was the juvenile detective who solved crimes for both his dad, the police chief, as well as his own preteen friends and neighbors. His motto was “No case too small.” This slogan stands out in my mind when I get called in on something that another immigration attorney might find too petty.
Trump’s Plan To Limit Green Cards: Five Things You Need To Know
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
Good News for Immigrants in 2020: Liberian Refugee Immigration Fairness Act
This is a time sensitive immigration option: if you are Liberian, or have family members who are Liberian, you should call us today. It’s a good time to get paperwork ready to be filed now. In the fiscal year of 2020 there is a development called the Liberian Refugee Immigration Fairness Act. The Liberian Refugee Immigration Fairness Act (LRIFA) is a special law that allows Liberian nationals who ...
Updated: Immigration Is Still Processing Green Cards & Visas During COVID19
With all the closures that have happened across the board, many people think Immigration services have been suspended as well. This is not true! Many Immigration services are still going. Immigration is still open and so are we! During the pandemic we are not only getting daily updates, but sometimes hourly updates so continue to check back as we will be posting the latest updates here. Here is wh...
Updates and Upcoming Changes to TPS (Temporary Protected Status) in the US
When Haitians in the United States were given Temporary Protected Status (TPS) in 2011, it benefited 100,000 to 200,000 immigrants affected by the earthquake. This policy was humane and resulted in much needed relief for many people. While TPS is NOT a green card, it can be a way to eventually become a permanent resident in the United states, and is a good option for those whose home countries are...
Updates on the Corona Virus & Immigration
To protect our workforce and to help mitigate the spread of Coronavirus Disease (COVID-19) in our communities, effective immediately, USCIS is suspending all routine face-to-face services with applicants of all of our offices, including all interviews and naturalization ceremonies.
Your Immigration Medical Exam (I-693): A Step by Step Guide for Success
Whether your green card application is based on family, employment, visa lottery, political asylum or any other means, everyone must file a completed Green Card, or Immigration Medical Exam ( also known as an I-693, I693, or I 693 form) before approval. If you want to get a green card “fast” (and of course that term is relative) you need a properly completed green card medical exam.
How Do You Find a Good Immigration Lawyer? 8 Tips
DO YOU HAVE AN IMMIGRATION ISSUE THAT NEEDS SOLVING? ARE YOU TRYING TO GET A GREEN CARD, OR AVOID DEPORTATION? There are so many lawyers out there, and everyone is going to tell you they are the best. But when you — or a loved one — find yourself trying to remain in the United States, you can’t afford to make any mistakes, or have the wrong lawyer make them for you. So how do you cut through all t...
What You Need To Know About “Extreme Hardship” for Us Immigration
For many people, staying in the US can be a matter of life and death. Being deported could mean persecution in their own countries, torture, and/or death. But for many immigrants, extreme hardship means being forced to live without your family, children, spouse, or simply losing your access to financial stability for yourself or family.
Did Conor McGregor’s Ongoing Legal Issues Prompt His Abrupt Retirement From MMA?
With Conor McGregor’s quickly tweeted announcement that he is going to retire from the MMA, announced so soon after his latest legal woes, leaving people to speculate if the two events are related. McGregor has been in the news over the past 12 months for altercations in and around his big fights in the U.S. Last year it was an incident in which he assaulted a bus, injuring several people at New Y...
Our Border Is Secure: Here’s Why Building a Wall Won’t Work Better Than Our Current Excellent Immigration Laws
I’ve been an immigration lawyer for 23 yrs, and in that time I’ve seen many different approaches to our “border crisis”. Border crossings by immigrants without visas have occurred for decades, and for the longest time border crossers were treated fairly loosely by a system that knew we were a better landing place for many people in other parts of the world – particularly for our neighbours in the ...
How Government Shutdowns Impact Immigration
It seems that in the current political climate, government shutdowns are an annual event. This leaves many of our clients asking: how does this impact our immigration case? For this and any future shutdowns, we have created a general list of what is affected, and what maintains the status quo. When the government is in shutdown mode, many government agencies are affected and people are told to sta...
Trump Has Vowed to Limit US Exposure to the Immigrant “Caravan”, but Can He?
As the migrant “caravan” approaches Tijuana, the Trump administration has been working to limit the amount of immigrants who can enter the US through asylum. In a presidential proclamation that was released on November 9, 2018, the wording makes it very clear that these new limits in the area of asylum are being specifically put in place to stop people who have been slowly making their way towards...
Important Update: Canadians in Legal Cannabis/ Marijuana Industry Will Now Be “Generally Admissible” to Us
In a major turn around from my last post, Canadians working in the legal pot industry will be mostly admissible to the US without incident as long as they are coming into the States for reasons unrelated to the marijuana industry.
Are Trump’s Immigration Policies Bad for Business?
While the policy of separating families at the border have been headline news, last year’s “Buy American and Hire American” executive order that directed government officials to “rigorously enforce” immigration laws has serious consequences for US companies. The April 2017 order, followed by legislation that aims to cut legal immigration in half, means that this summer saw less immigrant workers t...
Canadians (and All Immigrants) Beware! Your Legal Marijuana Use Does Not Extend to the US
An unnamed top border US border official has confirmed that those who work in, or invest in the soon-to-be legal Pot trade in Canada will be treated like drug traffickers and risk being turned away at the border at the minimum or worse. While it might seem insane, any legal jobs involving cannabis in Canada — or even legal investing in the marijuana industry in Canada — will result in your being t...
Immigrants Have a Positive Impact on the US Economy: Why Are We Trying To Block Them?
President Trump has spent a great deal of time railing against immigrants, and working hard to stem the flow of immigration to the US. But when did anyone start to believe that immigration is a bad thing? From an economic perspective, immigrants bring so much to their host countries...
New “Zero Tolerance” Immigration Policy Is Traumatizing by Design
While immigration has been in the news fairly solidly since the Trump administration took the reigns, in the last few weeks we have entered a whole new era of previously unimaginable policies. Detaining children is nothing new. Under Obama the detention of children was met with outrage by a lot of immigration attorneys and advocates. In fact as many have said before, Obama, our “deporter in chief”...
Do I Need an Immigration Lawyer? 3 Reasons Why DIY Is Not Necessarily the Best Option
It is Human Nature to search for help with a problem. Time was, you got out a phone book and called a plumber if your sink was clogged beyond belief. In those days, you certainly called a doctor if you were feeling really sick. And then came the Internet...
Pregnant and Worried about Deportation? Here Is What You Need to Know about Being Pregnant in a Detention Center
Detention centers are unpleasant places for everyone, but for pregnant women they can be particularly unforgiving. Horror stories abound in the news about women who have been denied medical care by ICE, even after complications such as miscarriages.
Facing Deportation? Even Immigrants Have Rights. 5 Things To Know About Removal
Anyone who reads these blog posts will see an ever-growing trend. Nearly 3 million deportation under Obama. (They have been calling it “removal” since 1997 but it’s the same thing). And since the Trump administration came into power, more people than ever walk around, afraid of deportation.
DACA “Not Dead Yet”: Renew DACA Now!
Federal judge William Alsop in San Francisco has blocked Trump’s administration from ending DACA. Claiming that the move to rescind the program was based on “a flawed legal premise,” he ruled that the program must be left in place until the litigation to remove it has been decided. Dreamers’ lives were thrown into uncertainty and turmoil last fall when Trump’s administration rescinded DACA. At the...
What Is “Chain Migration”? Director of USCIS Refers to Legal Family Immigration As “A Problem”
Over the weekend Fox news published an article entitled: White House releases ‘explosive’ tally of green cards issued in ‘chain migration’. In this “Exclusive” about chain migration, U.S. Citizenship and Immigration Services Director Lee Cissna is quoted as saying: “For years, we’ve known that large numbers of immigrants have been coming based on petitions from previous immigrants, but this is the...
A Case by Case Basis: New Ice and Immigration Protocols Could Mean Jail Time for More Immigrants
We have seen many changes in US immigration protocol since the Trump Administration came to power. These changes have affected young people through the cancellation of DACA, and more immigrants through the loss of prosecutorial discretion.
Dirty Immigration Lawyers? Not That I Know Of
Attorney General Jeff Sessions just had his Remarks to the Executive Office for Immigration Review published today.
Sessions placed the blame for the US immigration problems firmly on the shoulders of “smart attorneys” who create “fraud and abuse in our asylum system” and “exploite(d) loopholes in the law, court rulings, and lack of resources (so they could) substantially undermine the intent of ...
Update: Military Families: Parole in Place & DACA Remain
The Department of Homeland Security has begun implementing Trump’s Executive Order entitled “Enhancing Public Safety in the Interior of the United States,” issued by the President on January 25, 2017. While the language in the memo seems to target Parole in Place, according to the BBC news they were contacted by spokeswoman from the Department of Homeland Security that said it is still a function...
Trump Administration’s New Travel Ban in a Nutshell: What You Need To Know
Another quicksilver change in immigration policy is happening, based on a proclamation issued by Trump on Sunday evening. A mix of travel restrictions, and outright bans are being placed on eight countries, most – but not all – of which are Muslim. These new restrictions replace the parts of the controversial March 2017 travel ban that had expired on Sunday night...
Urgent: DACA Has Changed! If You Are a Dreamer You Need To Read This Now
Dreamer Applications (also known as Deferred Action for Childhood Arrivals) have been in the news a lot lately, with President Trump’s administration talking about ending the program, but now also claiming they will preserve the close to 800,000 youth currently protected by the program in the United States.
Trump and Immigration: Separating Truth From Fiction
The most notable public perception of President Donald Trump and immigration policy has manifested in daily stories about deportations. These heartbreaking pieces — parents detained and removed from their kids; husbands and wives permanently separated; and adults returned to nations where they have not lived since childhood...
What’s Old Is New Again: Green Cards Harder Under “New” Trump Rule
Trump’s administration has just added another delay to immigrants wanting to get green cards in the US. In a move that, in my opinion, is a wasteful use of resources, USICS announced that certain immigrants will now be required to have in-person interviews.
Extraordinary Ability? How To Be Approved in 15 Days for a US Visa
Getting a work visa through employment is tough these days. Ask anyone in any industry. If you are a highly skilled foreign professional, athlete, or artist – who is not currently seeking a job change – you may want to consider applying for an “extraordinary ability” visa to get into the United States.
Do You Employ Immigrants? Avoid I-9 Compliance Issues and Fines With These Steps
With worksite enforcement a priority for ICE, employers need to take heed: even employers that have not been accused of knowingly employing undocumented workers can expect site visits and can be held liable for clerical violations and subject to steep civil fines.
The 3 Worst Mistakes Made by the Immigration Service (and How To Fix Them)
As a rule, I believe that the people at Immigration try their best. Most of them are reasonable and well-intentioned. Many years ago, I heard one Director say, “People need to remember what the word ‘Service’ means. We serve the public.” That said, our immigration system isn’t perfect...
Thank You Mr Trump! How Trump Has Helped Immigration…Really
Immigration is all over the news these days, making front page headlines with such wild claims as :”Lawmakers, After Meeting With ICE, Say ALL Undocumented Immigrants at Risk of Deportation.” Trump is making headlines all over the news for our current “immigration crisis”, but after more than 20 years exclusively practicing immigration law, I wanted to thank our new president. THANK HIM?!
Traveling Outside the Us? What You Need to Know about Trump’s Executive Order
As most of you know, this weekend President Trump signed an executive order called “Protecting the Nation from Foreign Terrorist Entry into the United States.” This order has wide-ranging implications for foreign refugees, particularly from seven main countries. There is confusion and a lot of panic out there about what this order means. On Monday, January 30, 2017, I appeared on Bloomberg Radio...
A Brief History of “Sh*thole” Countries: Us Immigration Is a Long Tale of Racism
Once again President Trump has made US immigration policy front page international news this past week with his remarks about not wanting immigrants from what he described as “shithole countries”. While the language is shocking, the sentiment is one that has held a long place historically in US immigration policy. The colors of skin, or countries may change with the times, but the US has never rea...
When “Easy” Immigration Cases get Difficult
People often contact us saying that they have an “easy” immigration case, but they have just run into a snag. Now they need help. Things get stressful when items such as work permits, travel documents, green cards and citizenship papers are not issued. Here is what you need to understand: based on my more than two decades […]
Do Immigrants Need to Be Afraid of Trump?
We are on the eve of the swearing in of our new President Elect, and many immigrants in the United States are wondering what the next four years will have in store for them. Trump’s campaign was filled with numerous infamous sound bites about “Mexican rapists” and “bad hombres” along with a promise to “build the wall” between the US and Mexico (and Canada), and threats of deportation for millions.
Yes You Can Be Deported If You Are Married to a Us Citizen : What You Need to Know
So many people think that marriage is an instant ticket to a green card. They breathe a sigh of relief once they are married assuming that they are now safely living in the US. While there are some faster ways to get a green card, simply marrying your US Citizen (or Green Card holder) significant other may not be the answer.
Do Immigrants Take Jobs From American Workers and Lower Wages? New Study
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
Can an Undocumented Immigrant Marry a US Citizen?
The short answer? Yes. There is no law to prevent an illegal or undocumented immigrant from marrying a US citizen. Most of the laws around marriage in the United States have to do with age ( legal consent ranges from 15-17 in most states with parental consent, and is 18-21 without it), and relationship status ( 1st cousins are Ok, in many states, but no siblings including half siblings).
Newly Expanded I-601A Immigration Waiver Can Keep Your Family Together
Great news! In the name of Family Unity, The Department of Homeland Security (DHS) has just published in the Federal Register a final rule that will expand eligibility for provisional unlawful presence waivers to all individuals who are statutorily eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen, or lawful permanent resident (LPR) spouse or parent...
I Am an Immigrant: Celebrating Immigrant Heritage Month
I come from immigrant stock. My great grandparents on both sides of my family fled from Eastern Europe. They moved here on boats with nothing more than rags in their pockets, and made a life. That’s why so many people come here: to live the dream in the US. I have proudly spent the last two decades helping amazing immigrants from all over the world live this same dream by becoming legal residents...
Shopping Around for Immigration Lawyers? A Review
I never used to get calls or emails from people “shopping around” for immigration lawyers. But things change. The economy has made people consider their budgets. Now about once or twice a month I get a message from someone shopping around for immigration lawyers in New York, or immigration attorneys in New Jersey or Pennsylvania. These are the exact words they use...
The Top 4 Mistakes in Immigration Through Marriage
About 21% of all immigrants enter the US through family-based green cards every year. Many people believe that getting a green card through marriage is one of the fastest and easiest ways to become a US citizen, but this is not necessarily the case...
Need To Check Your USCIS Immigration Case Status? Easy Instructions With Links
Many people wait impatiently to hear about their immigration cases, and no wonder; this is your life! Sometimes a green card can take just a few months to go through, and sometimes it can be years. Knowing that you can check the status of your USCIS or Immigration Case at any time can be an important way to avoid stress and remain patient while waiting for permanent residence.
Except for Native Americans, We Are All Immigrants
Aboard the Mayflower on the way to Plymouth, there were 110 passengers. Upon arrival, 50 survived a harsh winter and sat for Thanksgiving in 1621. They relied on the Native Americans, who helped them find enough food to live. They became known as pilgrims.
Who Can Apply for a Green Card
There are eight main categories of people who qualify for permanent residency. No matter what avenue you take, you need to be eligible for a green card under the law, known as the Immigration and Nationality Act, and moreover you need to be “admissible” to the United States of America. Remember: if you don’t see that you easily fit into one of these categories, it’s worth contacting a top immigr...
601A Waivers of the Ten Year Bar and Marriage Based Green Card. Harlan York, the #1 Immigration Attorney.
This is an information video on 601A Immigration Waivers. As of March of 2013, anyone who is married to a U.S. citizen, but does not have legal status, potentially qualifies for this new 601A waiver. This recent development has been put in place due to the potential for extreme hardship that losing a family member places on these families.
Do You Really Need To Hire a Lawyer When Getting a Green Card Through Marriage?
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
A New Immigration Law Video From Harlan York. The #1 Immigration Attorney. Family Immigration in New York, New Jersey, and Pennsylvania.
I’m Harlan York. For almost 20 years I’ve been helping immigrants win cases. People come to me and every single day tell me, “thank you for sitting with me and listening, thank you for asking me questions that no other lawyer asks me.” I always tell people immigrants cases are like fingerprints, they’re like snowflakes. They are all different. A lawyer must take on each case individually case by...
Do It Yourself Immigration Disasters – How To Avoid Them. From Harlan York, the #1 Immigration Attorney.
Do It Yourself Immigration Disasters – How To Avoid Them Harlan York, the #1 Immigration Attorney. Your best choice for an Immigration Attorney if you live in NYC (Manhattan, Harlem, the Bronx, Brooklyn, Queens, and Staten Island). Not a day goes by that we do not see Do It Yourself Immigration Disasters. By this I mean […]
Best Lawyers Award 10th Consecutive Year! Office Expands!
I was humbled to learn of my having been named to Best Lawyers. For the 10th Consecutive Year. Best Lawyers is the oldest and most respected peer-review publication in the legal profession. Back in 2012, I was the First Ever Attorney in New Jersey to win “Immigration Lawyer of the Year” from Best Lawyers. These awards reflect my pride in the team that I am lucky enough to work with. Without my tea...
Immigration Myths – Mutants and Muggles?
Watching X-Men: Days of Future Past the other night made me think about Immigration Myths. Same feeling that I get when I watch Harry Potter films with my kids and see the conflict between Muggles and Wizards. Immigration Myths are born out of misunderstanding. That misunderstanding is based on fear.
Dreamer (DACA) Applications – What You Need To Know About Renewal
Here Is What You Need To Know About DACA / Dreamer Renewal. The status was originally two years. This means that it is time to renew with United States Citizenship and Immigration Services. If you were prepared to do your Dreamer Applications with the assistance of a top immigration lawyer in 2012, then you should be wise enough to do the renewal with an outstanding immigration attorney now.
Immigration Lawyers Who Love What We Do: 4 Parts You Should Know
This year marks the 50th anniversary of the recording of John Coltrane’s A Love Supreme, right here in New Jersey. It is well established as one of the greatest recordings of all time. As the father of a ten year old boy who plays jazz piano and saxophone with extraordinary ability, I have rediscovered John Coltrane, with my son. And as the leader of a team of Immigration Lawyers Who Love What We ...
Experienced Immigration Lawyers: Best Reasons to Hire Them. Harlan York and Associates. The #1 Immigration Law Firm.
I ask you, “Do you want to accomplish the best results in your immigration case?” You answer, “Absolutely.” I ask you “How do you wish to achieve the solution you are looking for in your immigration case?” You reply, “I want to win as quickly and safely as I can.” Then you should seek the […]
Immigration Lawyers Who Listen to Your Problems
So as a year ends and a New Year begins, I commence with writing about law inspired by our friends in the medical field. These thoughts are shared, despite the unfortunate reality that some physicians, as a general rule, dislike attorneys. So be it, for the moment. This is a blog post about how to practice immigration law a new way. “New” does not mean “wimpy.” Quite the opposite. Immigration Lawy...
Defining the Best Immigration Lawyer
Eli Manning must wake up every day at his house in Hoboken and be very disappointed that his New York Giants have only 2 wins against 6 losses. I – among millions of Giants fans – am not too thrilled at the 2 and 6 record. But then again, Eli, and a group of his teammates, do have 2 Super Bowl rings in the last 6 years.
The Best Immigration Attorneys of All Time, Part 1
Over the better part of two decades, I have always been fascinated with immigration history. Just as sports and entertainment reporters compile stories on the greatest athletes and musicians, I thought it would be compelling to talk about the The Best Immigration Attorneys of All Time...
Immigration Attorneys: Who Needs Them? 3 Answers
Every so often, someone will tell me: “I have a friend or relative who ‘handled’ an immigration matter without an attorney.” Here are three answers that I always give, followed by a little real world experience to give some insight as to why this idea is not best. Bottom line: Think about the risks of […]
Why Not to Do It Yourself, You Need an Expert on ALL Immigration Cases
It happens every day. I see at least one person with the same problem. The type of immigration case is often different, but the mistake repeats itself over and over. Our meeting frequently starts with this individual saying: “I should have called you in the beginning but I thought I could handle it myself” Another […]
The Difference Between a Notario and a Notary is an Immigration Scam
(I was quoted in various media long ago on the topic. It’s good to see the federal government getting involved.) The DoJ, DHS and FTC are now targeting immigration scams by “notarios.” Some folks who are notary publics will take advantage of the similarity in the words “notary” and “notario” to dupe immigrants into paying […]
Devil Wears Prada star Emily Blunt can’t leave America for immigration reasons
Actress Emily Blunt has saddled her sister with the task of packing up her London apartment before selling it – because she can’t leave America for immigration reasons. The Brit wed US actor John Krasinski last summer and is now in the process of applying for a green card, which means she can’t travel outside […]
When a visa delay is good for your health
From mmajunkie: “Former WEC champ Paulo Filho might need to send a thank you note to immigration officials. After Filho had trouble securing a work visa in time for Wednesday’s scheduled “super fight” with Bellator middleweight champion Hector Lombard at at Monroe Civic Center in Monroe, La., two-time UFC veteran Jay Silva stepped in to […]
The Startup Visa Act for immigrant entrepreneurs. Harlan York, the #1 Immigration Attorney. # 1 Abogado de Inmigración
Recently, Senators John Kerry and Richard Lugar proposed a new type of investor-based visa called the The Startup Visa Act, with the goal of creating jobs in the US and increasing American global competitiveness. The Startup Visa Act has been drafted to allow immigrant entrepreneurs who are creating new companies to get visas to come […]
I-9 Compliance: Steps Employers Can Take to Avoid Liability
With worksite enforcement a priority for ICE, employers need to take heed: even employers that have not been accused of knowingly employing undocumented workers can expect site visits and can be held liable for clerical violations and subject to steep civil fines. Well-intentioned employers often find inadvertent paperwork errors or technical violations during their internal […]
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The 3 Worst Immigration Cases: How the Best Immigration Lawyers Win Them
Some immigration cases are more difficult to win than others. Every single week we get calls from people begging us to help them with some pretty tough situations. The fact is, if you are willing to invest time, effort and money, and you have a realistic viewpoint, then you do…
How Humility Is Your Best Asset in Business
Over the years, many of the young lawyers I’ve come in contact with – both as a teacher and as an employer- ask me what it takes to be a top lawyer. The answer that I give is never one they expect: no matter how high up the ladder you are, it pays to keep your ego in check.
The 3 Worst Immigration Cases: How the Best Immigration Lawyers Win Them
Some immigration cases are more difficult to win than others. Every single week we get calls from people begging us to help them with some pretty tough situations. The fact is, if you are willing to invest time, effort and money, and you have a realistic viewpoint, then you do what one woman cried out awhile back, you “have to try!” (Incidentally we won her case)...
5 Things You Need To Know About Immigration Court
Close to half a million immigrants are currently in pending removal proceedings. Most of these people are coming from Mexico through California which has the most cases at approximately 90,000, and Texas which comes in second with around 80,000 cases. New York, New Jersey and Florida follow in terms of caseload.
5 Things You Need to Know About Immigration Court
Close to half a million immigrants are currently in pending removal proceedings. Most of these people are coming from Mexico through California which has the most cases at approximately 90,000, and Texas which comes in second with around 80,000 cases. New York, New Jersey and Florida follow in terms of caseload. With statistics like these, it’s likely that someone [...
Executive Action: Texas Court Decision – What Does It Mean?
Media reports are circulating regarding the injunction issued on the 2014 Executive Action, by the Honorable Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas, in Brownsville, Texas. While the order will have an impact on the government’s ability to accept Expanded DACA applications on February 18, 2015 as planned, this order is not permanent.
What Immigration Lawyers Do: 4 Main Points
Back on October 3, 2013, I wrote a blog post called THE WORST IMMIGRATION CASES AND HOW THE BEST IMMIGRATION LAWYERS WIN THEM. Essentially I talked about what immigration lawyers do. In that piece, I typed the following words: The fact is, if you are willing to invest time, effort and money, and you have […]
Parole In Place: New path to citizenship for married immigrants and their children
Don't miss this opportunity if you are an immigrant married to a US citizen! The Department of Homeland Security (DHS) recently announced a new program aimed at keeping families together during the immigration process. This is a significant development for many non-citizen immigrant spouses of U.S. citizens currently facing long separations.
What Is a K-1 Visa? What You Need To Know About the Fiancee Visa
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
Same Sex Marriage For Immigration / Green Cards: Updated for 2020
If you are in a gay or lesbian marriage, can you get a green card if one spouse is already a green card holder or US citizen? The short answer is YES. Same sex marriage has been legal nationwide in the United States since June 2015...
Same Sex Immigration: Marriage and Bisexuality
The New York Times published a piece a few years ago called “Bisexual: A Label With Layers.” There were no direct references to immigration law, but I immediately thought of our work, especially the recent green card applications we have successfully completed in same sex immigration marriage. As the Immigration Service points out on its very own website, same sex immigration marriage is now to be...
Parole in Place: 2022 Military Immigration Law Gives Green Card to Parents, Spouses, Kids
Are you enlisted? Or are you an officer in the US military or a veteran of the US military with family in the US but here unlawfully? As of November of 2013, the United States Department of Homeland Security expanded a previously existing military immigration law called parole in place that directly benefits the family members of military personnel.
“Parole in Place” for Immigrant Relatives of Military – What To Know
On November 15, 2013, the United States Citizenship and Immigration Services issued a very important Policy Memorandum. This new Immigration rule is based on existing law. It will give legal status to immigrant relatives of military. The Policy Memorandum will keep immigrant spouses, children and parents of active duty military – as well as immigrant relatives of military reserves, and veterans of...
New Bill would allow Immigrant parents, spouses & kids of active duty military to gain legal status
Sen. Robert Menendez introduced a bill that would allow the immigrant parents, spouses and children of active duty military service members to gain legal status, part of a push to allow small sectors of the undocumented population to avoid deportation. “I just can’t believe that you can risk your life for America, and America can’t […]
4 Things You Need To Know To Pass Your US Naturalization Test – A guide to success
People seem to frequently put off filing Form N-400 and taking the US Naturalization Test to become a US citizen. Sometimes they are just procrastinating, thinking they have lots of time. But many people are afraid to take the test thinking that if they fail, it will result in some kind of punishment. This is not true...
The Worst Mistake in the US Naturalization Process, Plus Tips for Success
All parents want to protect their children. But all parents make mistakes. So many mothers and fathers fail to take care of getting their children naturalized. This is the worst mistake in the US naturalization process. And the real shame of it, almost always, is that the error is unintentional.
Need To Get Your Green Card Fast? Here are the 3 easiest ways.
What are the fastest ways to get a Green Card in the US? Which of the immigrant visa preference categories are faster? These conditions can affect your ability to Get a Green Card quickly The world always has upheaval, whether it’s a pandemic or a war, or simply a new job or life, and many […]
Will Prior Arrests Affect Your Green Card Application? What You Need To Know
Many people become US citizens, despite prior trouble with law enforcement. This is perfectly acceptable as the Immigration Act only requires 5 years of good moral character before filing for naturalization. In fact, if you are married to a US citizen, you need only show 3 years of good moral character. (Warning: Immigration can look at older acts but that’s one of a million reasons to find the be...
Has Your Green Card Has Expired? Here Is What to Do
We’ve been getting a lot of panicked phone calls lately from clients who have been granted their permanent residency, but whose green cards are expiring. To this I always answer: don’t panic. Unless you have a conditional 2-year green card, your permanent residency is…well…permanent. Even if your green card expires you are STILL a permanent resident.
The Worst Mistakes In the Naturalization Process
All parents want to protect their children. But all parents make mistakes. So many mothers and fathers fail to take care of getting their children naturalized. This is the worst mistake in the naturalization process. And the real shame of it, almost always, is that the error is unintentional. Why is forgetting to get your children […]
What’s Old Is New Again: Green Cards Harder Under “New” Trump Rule
Trump’s administration has just added another delay to immigrants wanting to get green cards in the US. In a move that, in my opinion, is a wasteful use of resources, USICS announced that certain immigrants will now be required to have in-person interviews.
English Language Citizenship Test: Who’s Exempt? 10 Things To Know
Many people avoid the citizenship test due to an inability to pass the English Language Citizenship Test. Usually, fear of failure is the main reason. Still, there are millions of green card holders who might be less afraid if they knew about certain rules. This blog post is designed to explain how certain people are exempt from the English Language Citizenship Test.
New Citizenship Application: 10 Reasons You Need a Lawyer
Breaking Story: Immigration just announced that they were rolling out this new N-400. The N-400, for those of you who do not know, is the application for Naturalization. This process forms the core of how green card holders become United States Citizens. After you file your New Citizenship Application, you study 100 questions, make sure […]
What Is a Naturalized Citizen and Why Does It Matter?
Let’s get one thing straight. If you are born in the United States, you are automatically a United States citizen. That law has been binding since the 1800s, around the time that slavery was abolished. And even before that era, most people born were considered citizens by virtue of their birth here.
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Same Sex Marriage Immigration in 2023– America vs the World
In honor of gay pride month, I wanted to celebrate the fact that five years ago the United States chose to join the group of (now close to 30) nations that have legalized same sex marriage. Same sex marriage was legalized in the US in the summer of 2013, and since then our firm has helped many same-sex couples stay in the US by assisting in same sex marriage immigration.
Same Sex Marriage For Immigration / Green Cards: Updated for 2020
If you are in a gay or lesbian marriage, can you get a green card if one spouse is already a green card holder or US citizen? The short answer is YES. Same sex marriage has been legal nationwide in the United States since June 2015...
4 Main Problems (and Solutions) in Same Sex Marriage Green Card Cases
It’s now been a few years since same sex marriage has been considered legal in the United States. Let’s address some of the common problems and solutions for same sex marriage Green Card cases. Now, same sex marriage green cards between citizens and immigrants may form the basis for legal immigration.
Same Sex Immigration: Marriage and Bisexuality
The New York Times published a piece a few years ago called “Bisexual: A Label With Layers.” There were no direct references to immigration law, but I immediately thought of our work, especially the recent green card applications we have successfully completed in same sex immigration marriage. As the Immigration Service points out on its very own website, same sex immigration marriage is now to be...
5 Things You Must Know About Same Sex Marriage Immigration
By now you may have heard that President Trump came out on Twitter saying that: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into…
Immigration Appeals Court Recognizes Same Sex Marriage as Basis for Green Card
In Matter of ZELENIAK, decided today, the Board of Immigration Appeals held that the 1996 Defense of Marriage Act (DOMA) is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the Immigration Act. Therefore, an immigrant spouse of a US citizen may acquire lawful permanent resident status in the United […]
The Effect of US v. Windsor on Immigration Law for Same-Sex Couples
Since the US Supreme Court’s ruling was issued today against DOMA, it looks like same-sex couples will be considered for marriage-based green cards. Applications – previously denied only because a couple is gay – should be granted. A marriage in a state or country where that ceremony is legal should confer eligibility to apply for lawful permanent residence. Again, if you were [&...
Immigration Reform and Same Sex Marriage
Two of the most anticipated developments this year are what Congress will do about immigration reform and how the Supreme Court will rule on same sex marriage. It is very significant that there is much intersection between these issues, despite little connection being drawn publicly between them. If the High Court decides that there is […]
Until Gay Marriage is Legal, Why Not?
The AG’s recent decision in Dornan shows the government’s interest in exploring how civil unions might allow a US citizen partner to petition for an immigrant partner. It would seem to me that an interim solution to the problem facing gay couples from two different nations who wish to reside lawfully in the US would be to allow […]
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Need To Get Your Green Card Fast? Here are the 3 easiest ways.
What are the fastest ways to get a Green Card in the US? Which of the immigrant visa preference categories are faster? These conditions can affect your ability to Get a Green Card quickly The world always has upheaval, whether it’s a pandemic or a war, or simply a new job or life, and many […]
Non Immigrant Visa Requirements 2022 : Is it easy to get a US visitor / tourist visa?
What Is A Non Immigrant Visitor? What are the 3 main categories of non immigrant, tourist or visitor visa? What is the Visa Waiver program? How Can I Increase My Chances Of Getting A Visitor/Tourist Visa? Which countries have the easiest and hardest time with non immigrant visa denial? How easy is it to get […]
Need To Get Your Green Card Fast? Here Are the Fastest Ways.
With the pandemic affecting every part of our society, many people are worried about trying to get their green cards fast as soon as things are back to “normal.” All the uncertainty in the US means that more people than ever are trying to ensure their residency. One of the first questions they ask: How Can I Get a Green Card Fast?
Can’t Apply for DACA? Six Alternate Ways We’ve Stopped Deportation of Dreamers
Close to 800,000 people in the United States have been protected (more than the current population of Seattle) under the DACA executive order that came into effect under former President Obama. If you include those young people that applied for the program and didn’t get into it, or those who were eligible, but hadn’t applied yet, all in this change affects upwards of over a million young people i...
Getting a Green Card Through Marriage or Family – I-601A Provisional Waiver
Since 2016, more undocumented immigrants are able to get their green cards through marriage than ever before. The expanded I-601A waiver means that many applicants who previously could not qualify now have this route open to them. Before 2016 only adult (over age 21) children or spouses of US citizens could apply. Since then it has opened up to include: spouses and adult children of U.S. citizens...
The 601 a “Unlawful Presence Waiver” Can Keep You in the US
In August 2016, the Department of Homeland Security (DHS) expanded the eligibility for provisional unlawful presence waivers to all individuals who are eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen, or lawful permanent resident (LPR) spouse or parent.
What Is a U Visa: Who Qualifies and How It Can Protect You and Your Family
The U Visa is a very sensitive area of immigration law that was created to help and protect all victims of qualifying crimes, and their families. It is for those who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It is similar, but not the same as a T Visa which was ...
The Best Tactic With Immigration Lawyers? Ask for Options, but Make Your Own Choices
In all of the consultations and case reviews I have handled as an immigration lawyer, nothing strikes me as more remarkable than the following statement: “Thanks for explaining all of my immigration options. Now tell me what to do, please.”
Why Immigration Waivers Get Denied: Top 3 Reasons
This article will discuss the newest immigration waivers – provisional waivers of the ten year bar, known as I-601As – that went into effect in March 2013. Recent reports show that about 70% of these immigration waivers are getting granted, which is not bad, but there could be a higher grant rate with proper preparation.
Why Immigration Waivers Get Denied: Top 3 Reasons
This article will discuss the newest immigration waivers – provisional waivers of the ten year bar, known as I-601As – that went into effect in March 2013. Recent reports show that about 70% of these immigration waivers are getting granted, which is not bad, but there could be a higher grant rate with proper preparation. […]
214 B Non Immigrant (Visitor) Visa Denial: Which Countries Get Denied the Most
People often think that getting a non immigrant visa to visit or study in the US will be easy. This is not necessarily true! The government understands that many people try to use a non immigrant visa as a backdoor into the country, so they put measures in place to help stop illegal immigration through the 214 b visa.
The 4 Worst Immigration Problems – How To Beat Them To Get a Green Card
Face it. Some things cannot be waived. Listed below are the 4 worst immigration problems that my clients face. Over the 2 decades that I have practiced immigration law, these are the issues that have created the most difficult obstacles to immigration and getting a green card.
Harlan York, the #1 Immigration Attorney. Visa Refusals: Supreme Court Set To Review Them
Visa Refusals have long been a problem. The rights of the applicant are often ignored when a United States consular officer says “No Visa for YOU.” Frequently the visa refusals are arbitrary and no reason is announced at all. The applicant is turned away, usually with a one page denial letter that fails to explain the negative decision. Seeking a remedy for visa refusal in federal court is often d...
Immigration Fraud Waivers: How To Solve the Biggest Problems
“There are no facts in Jamaica”- Chris Blackwell founder of Island Records, inducted into Rock and Roll Hall of Fame, 2001. If there are no facts, how does one go about dealing with Immigration Fraud Waivers? Well, Chris Blackwell was chiefly responsible for bringing the music of Bob Marley to American ears. The Bob Marley album ‘Exodus’ was chosen by Time Magazine as the greatest album of the 20...
The Most Important Immigration Waiver Video You Will Ever See
ONE of the most commonly asked questions I am asked is how to win an immigration waiver. In fact not a day goes by that I do not see at least one person with a case involving an immigration waiver. As has been pointed out on this blog many times, there are various types of immigration waiver cases:
Seven Reasons You Need an Immigration Attorney.
Harlan York and Associates. The #1 Immigration Law Firm. This Benefit Guarantees You a Greater Rate of Success 1. Winning Your Case is more likely. This fact holds true with green cards, visas, and citizenship or deportation defense. Statistics bear this fact out. A 2011 study found that immigrants with lawyers are five times more […]
The Best Immigration Attorney Advice on U Visas
In October 2000, a new category of immigration benefit became available to victims of violent crimes, the U Visa. The policy grew out of concerns that undocumented immigrants would be afraid of deportation if they called law enforcement to report a crime.
How To Win Your Immigration Waiver – 9 Things You Must Know
Whether you are seeking a green card as an applicant outside the US, applying for an immigrant visa at a consular office, OR a person applying for adjustment of status in the US, you have a definite problem to overcome if you need an immigration waiver...
H-1B Visas – The 3 Worst Things According to Immigration
Not too long ago, Immigration finally caved in on a lawsuit filed in 2010 by the American Immigration Lawyers Association. The purpose of the legal proceedings: To Discover So-Called “Fraud Indicators” Used by the Government to Review Petitions for H-1B Visas. However, the reality emerged as the papers were uncovered...
6 Ways to Get a Green Card
People always want to know, when they call, email and ultimately consult with our immigration firm: “Mr. York, how do I get a green card?” So let’s look at some numbers. For example, in 2011, a little more than 1 million people became Green Card holders, also known as permanent residents. Here’s a rough breakdown […]
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