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Legal advices on Immigration holds and deportation

Seeking reconsideration of denied "Pereira" MTT under Lorenzo Lopez precedent.
Post On Jul. 20, 2019

New precedent Lorenzo Lopez v. Barr, No. 15-72406 May 22, 2019 (9th Cir. 2019) allows to move the BIA to reconsider denial of "Pereira" motion to terminate for lack of subject-matter jurisdiction. This precedent expressly held, that Pereira overruled Popa, - something the BIA pretends not to see. Sa...

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Does President Trump Support An Employment-Based Immigration System?
Post On Jun. 19, 2019

On May 16, 2019, President Trump proposed a new immigration system in which over half of all green cards would be allotted to highly educated and skilled immigrants and their families. Under the President’s proposal, the number of green cards approved each year would remain at 1.1 million, the same ...

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Can A Defective Notice To Appear Be “Perfected”?
Post On Jun. 18, 2019

In June 2018, the U.S. Supreme Court issued a landmark 8-1 decision in Pereira v Sessions holding that a Notice to Appear (NTA) in Immigration Court which does not state the date and time of the hearing is a defective Notice to Appear and does not give the Immigration Court jurisdiction over a case....

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Green Card/Adjustment of Status
Post On Feb. 12, 2019

A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card." ​ Adjustment of Status (AOS) is a path to permane...

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Issuances of Notices to Appear Following Denial of Certain Benefits, Petitions, and Applications
Post On Jan. 22, 2019

This guide will explain the policy memorandum issued by Department of Homeland Security’s United States Citizenship and Immigration Services (“USCIS”) on June 28, 2018. Executive Order 13768 - Pre-June 28, 2018 USCIS Policy On January 25, 2017 the President of the United States signed Executive Orde...

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Removale in Absentia and Bar period
Asked in Chicago,  IL May 22, 2017 ,  4 Answers

I had Pending Asylum but I left USA before my master calendar hearing in court. How many years of bar will I have? I was out of status for about 5 months in My F1 Visa before I filled Asylum, Could you please let me know How many years of bar would apply for me to reenter the US?...

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Where can I find my deportation record that is 30 years old?
Asked in Bellevue,  WA Dec. 17, 2016 ,  3 Answers

In 1987 I was here in the US on a B1B2 visa and my 6 month stay on the I-94 had expired. I didn't know that it had expired until I was arrested in Blaine, Washington trying to go to Canada to visit. I was detailed, ended up in front of a judge. I was given the option of voluntary deportation, and I ...

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Will my husband be able to apply for I212 and I601
Asked in Boston,  MA Sep. 13, 2016 ,  3 Answers

My husband was taking into custody while crossing usa border in 2008 September it was voluntary deportation in which he has the 5 years, he then came back again in 2009 was able to cross border illegal, we met in 2012 we married in 2013 in 2014 had our first daughter 2015 second daughter. We filed I...

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Am I
Asked in New York,  NY Aug. 30, 2016 ,  3 Answers

I don't know if I have a 5 year bar or not. I came to the us and got put in detention and then removed from the airport to a detention center. I have two things saying in my passport INA SECTION 217 and INA 212(a)(7)(A)(i)(I) with a number starting with an A under it. Does this mean I can't enter th...

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Asked in Los Angeles,  CA Aug. 06, 2016 ,  3 Answers


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Top 6 Areas of Possible Relief for Clients Facing Reentry Charges After Deportation
Post On Jan. 10, 2016

Persons charged with reentry following a deportation or removal often assume that they will simply be deported again and that there is no use fighting their deportation. However, relief may be available in a surprising number of cases, and I am listing six key areas of possible relief below. Did err...

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Department of Homeland Security (DHS) launches New eFOIA For Freedom of Information Requests
Post On Oct. 27, 2015

The Department of Homeland Security (DHS) now has a new free mobile application called “eFOIA”, which allows users to submit and track Freedom of Information Act (FOIA) requests conveniently from an Android or Apple phone. You can download the free mobile application through Google Play and the App ...

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Is an immigration lawyer in addition to a criminal defense lawyer needed ?
Asked in New York,  NY May 14, 2015 ,  12 Answers

My cousin was recently arrested for public lewdness which falls under crimes involving "moral turpitude" according to immigration laws. She is a legal non immigrant alien on a tourist VISA. If convicted, how does this affect her VISA status. This would be her first crime involving moral turpitude ?...

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Can I make a deal with immigration to stay in the U.S.?
Asked in Orlando,  FL Nov. 19, 2014 ,  10 Answers

Got sentenced to 4yrs in prison with a monetary loss of 400,000$ , cooperated within the year and sentence got reduced to 28 months, currently not a U.S. citizen but have been a permanent resident for 20 years and currently have no detainer ....

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Top Ten Reasons for Getting Your North Carolina Criminal Conviction Expunged
Post On Jul. 25, 2014

Reasons why you need an Expungement of your old North Carolina Convictions 1. Employment & Professional Licensure Employment is probably the most significant area affected by a criminal conviction. Employers often perform criminal background checks on potential employees and are more likely to deny...

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My wife wants to change my stepdaughters last name to mine. What process do I have to go through for this?
Asked in Chicago,  IL Nov. 07, 2013 ,  3 Answers

I've raised my stepdaughter since she was 5, now 12. Married 5 years with my undocumented wife. Biological father hasn't and is not around, not listed on birth certificate. Trying to assure custody if anything were to happen to my wife (mostly deportation)....

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Adjustment of Status issues for Same-gendered, bi-national couple with visa over-stay issue
Asked in Chicago,  IL Jul. 03, 2013 ,  8 Answers

I am an American citizen male involved in a 6-year domestic partnership with a man who came to the usa with a student visa. I presume he is in over-stay status. Given the Doma ruling and the Obama decision to now process same gender applications for sponsorship of same-gender, bi-national permanent ...

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Persecution: In the Eyes of the Immigration Judge or Officer
Post On Jun. 26, 2013

Does a death threat amount to persecution? We have all heard the expression that “beauty lies in the eye of the beholder." Well, for asylum cases, persecution lies in the eyes of the immigration judge or officer. The conflicting decisions by courts around the country make it difficult to determine w...

# 18
Asked in Orlando,  FL Apr. 13, 2012 ,  6 Answers

illegal married to an american citizen born and raised in Florida with have 3 children together my wife is sick and I take care of them I came into United States with ABSOLUTELY NOTHING.... no paper's or petitions filed ever until my wife filed an I130 with has been approved for about 5 years now. I...

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