Category: Immigration Law
FUTUROS CAMBIOS EN EL PERDÓN PROVISIONAL
USCIS ha lanzado una nueva propuesta que ampliaría la elegibilidad para el perdón provisional basado en la inadmisibilidad por acumulación de presencia ilegal. Actualmente, el programa para perdón provisional permite a extranjeros nacionales presentar un aplicación de perdón dentro de los Estados Unidos para poder obtener una visa de inmigrante antes de salir a su cita en el consulado. Este programa tiene la intención de minimizar el tiempo que el aplicante pasará fuera de los Estados Unidos. Hoy en día este programa está disponible sólo para familiares o relativos inmediatos de ciudadanos americanos. Bajo esta nueva propuesta, USCIS puede conceder ... Read more
WHAT TO DO IF YOUR FAMILY MEMBER IS ARRESTED BY U.S. IMMIGRATION?
Nothing can completely prepare a family for the devastation that occurs when a beloved family member is arrested by immigration officials. Not only is a family member or loved one in custody, possible deportation also looms. By following these steps you can help procure your family member’s release from custody and avoid removal from the United States. 1. Be proactive. If your family member is unlawfully present in the United States, consult with a qualified immigration attorney before he or she is arrested. The attorney might be able to obtain your family member lawful status. If not, the attorney should ... Read more
¿QUÉ DEBE HACER SI UN MIEMBRO DE SU FAMILIA ES ARRESTADO POR INMIGRACIÓN?
Nada puede preparar una familia para la devastación que ocurre cuando un miembro de la familia es arrestado por oficiales de Inmigración. El miembro de la familia no solo est¡ en custodia, quiz¡s puede ser deportado también. Siguiendo los siguientes pasos, Ud. puede ayudar en tratando de conseguir la libertad de su miembro de la familia y evitar su deportación de los Estados Unidos. 1. Ser proactivo. Si su miembro de la familia esta en los Estados Unidos ilegalmente, consulta con un abogado capacitado en la ley de inmigración antes de que sea arrestado. El abogado podría estatus legal para ... Read more
OBTAINING U.S. LAWFUL PERMANENT RESIDENCY (GREEN CARD) THROUGH INVESTMENT
EB5 Program – Obtaining U S LPR through Investment 2015 07 14.pdf
JUSTICE DELAYED (AGAIN)! SOLUTIONS TO THE CROWDED IMMIGRATION COURT DOCKET
Recently, the San Antonio Immigration Court announced the cancellation of its non-detained docket for September, the third consecutive month, and it may be cancelled in October too. The cancellations will result in delaying hundreds of immigrants’ cases, many with strong claims to remain here, for years. While they wait for their hearing, they cannot travel abroad, in some circumstances will not be able to obtain permission to work or drive, and will live with the anxiety of potentially being ordered deported. The reasons for the cancellations is an influx of unaccompanied minors arriving in Texas and the government’s policy of ... Read more
JOE DE MOTT ON THE CHILDREN FLEEING TO THE U.S.
When I see reports of children fleeing to America, I think of my great-grandfather. During the potato famine, he and his brother were orphans in Ireland. They scraped together money to buy tickets to America. Three day before the boat sailed, his brother died. He sold his brother’s ticket, and got on the boat alone with hopes of making a better life. When he landed, he was 16, an unaccompanied minor. Signs on businesses said “Irish need not apply.” Finally, he found work digging tunnels for the railroad in Pennsylvania. Years later when my great-grandmother would be frightened by the ... Read more
FOLLOWING THE RULES: AN OVERVIEW OF THE GOVERNMENT’S RESPONSIBILITIES WHEN APPREHENDING UNACCOMPANIED CHILDREN WHO HAVE RECENTLY ARRIVED TO THE UNITED STATES.
The recent influx of unaccompanied children from Central America and other countries has dominated the news. As usual, whenever the topic of immigration arises, a common theme is that immigrants should follow the rules. Indeed, immigrants are often chastised by anti-immigration activists for allegedly not following the rules. Ironically, these same activists who are critical of rule-breaking often urge immigration officials to disregard the rules when it comes to the processing of children for deportation. For example, California residents recently stopped a bus containing juvenile immigrants from Central America from arriving at a Border Patrol facility. Some of the protesters ... Read more
RENEWING DACA
Deferred Action for Childhood Arrivals (DACA) is in the news again with the upcoming second anniversary of the memo creating this immigration benefit for foreign nationals who were brought to the United States as children. Over a half million people are enjoying the significant benefits of being granted DACA status. Some of these benefits include: work authorization, a driver’s license, and freedom from worrying about deportation. For statistics on the economic and social impact of DACA on recipients, see a recent study published by the Immigration Policy Center at: http://www.immigrationpolicy.org/just-facts/how-daca-impacting-lives-tho…. While DACA status is only awarded for 2 years, it ... Read more
TIME TO FILE H-1B PETITIONS!
U.S. Citizenship and Immigration Services will begin accepting new cap subject H-1B petitions beginning on Tuesday April 1, 2014. We anticipate that H-1B numbers will be exhausted within the first days of availability. DMCA is still accepting and preparing these types of H-1B filings for professionals where the position requires a related degree. There is still time – contact us today at 1-866-690-1844 to speak with one of our business immigration attorneys. Foreign nationals that are not eligible for an H-1B may qualify for a different type of work classification. We represent individuals and companies throughout the country we can ... Read more
INS AND OUTS OF THE U VISA
Being the victim of a crime can be a terrifying and sometimes life-threatening experience. It is even more difficult if the victim is undocumented and fears deportation if he or she turns to local law enforcement for help. The United States government recognizes that in order to fight crime, the police and prosecutors need the cooperation of victims, and require the tools to encourage their participation and trust. And so, Congress created the U visa. If someone without lawful immigration status has been the victim of a serious crime in the U.S., has been helpful to the investigation and/or prosecution ... Read more
BIA MOVES TO “SOCIAL DISTINCTION” TEST IN SOME ASYLUM CASES
To be granted asylum, an applicant must show that he fears persecution because of his race, religion, nationality, membership in a particular social group, or political opinion. For almost 30 years now, immigration officials have struggled to define the characteristics and boundaries of what it means to belong to a particular social group. In a series of decisions, immigration officials have laid out tests, such as social visibility and particularity, to determine whether a proposed group will pass muster. Under prior case law, the social visibility test meant that the shared characteristic of the group should generally be recognizable by ... Read more