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.
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. If you…
Our phones ring. A member of our team answers. One of the first questions the caller asks is “Where is your immigration office located?” The clients live in New Jersey. Or New York. Or Pennsylvania. And then there’s everyone else. We field calls, and emails, from immigration clients all over…
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…
Everyone asks. They all want to know. I have been listening to this question for 18 years. “What Percentage of Immigration Cases Do You Win?” So I finally sat down and did my best to figure it out. In the citizenship realm, we have successfully handled nearly all of our…
So as we commemorate the 1st year of DACA, we read now that Senator Marco Rubio – Republican from Florida and pro-immigration reform politician – has warned that lack of action by Congress may lead to President Obama signing an executive order granting amnesty. My initial response is “um, probably…
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…
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…
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…
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…
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…
“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…
Q: What makes us different than other immigration law firms? A: Frequent Team Review of Cases! Instead of one attorney you get the combined efforts of four experienced immigration lawyers and two law students, all concentrating on solving your problems. We have discovered that if 2 brains are better than…
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…
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…
Asylum. Grant rates are higher than ever. We have won a number of complicated cases recently based on religious beliefs, social groups, and political opinion. Business immigration. Plenty of opportunities, even with current regulations. Citizenship. Too many green card holders procrastinate filing for naturalization. Do not put it off, any…
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…
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…
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…
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…
Here is the most up-to-date information on proposed immigration reform. There is most definitely a sense of urgency. The Senate should see a new bill – several hundred pages long no doubt – within a month. If nothing is introduced by then, the House of Representatives will try to move,…
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…
On Tuesday, February 12, 2013 from 12:00 – 1:00pm EST, Immigration Attorney Harlan York will present his new program, “Advanced Immigration Waiver Practice: A Legal Practicum for Surmounting Extreme Hardship & Waiving Inadmissibility”, live on Lawline.Com. The seminar will include extensive coverage of the new 601A provisional waiver which will…
In March 2012, the Immigration Service proposed a rule to improve waivers for certain immediate relatives (typically spouses) of US citizens to file for a “provisional” waiver of the ten year bar for unlawful presence. This rule will go into formal effect in March 2013. This rule affects immigrants such…
The GOP reportedly is set to propose a new W-1 visa, to allow an immigrant to attend college or serve in the military. Then the W visa holder could apply for a 4 year work visa and follow that status to apply for a green card. Citizenship could follow at…
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…
