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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Immigration
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Military Immigration
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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?
Want To Send a Letter to Santa Claus? Here’s How To Send One of the Globe’s Most Famous Immigrants Your Xmas Wishes in 2020
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…
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 rapist