From June 15, 2012, the Deferred Action for Childhood Arrivals (DACA), instructs the USCIS, ICE and CBP to exercise Prosecutorial Discretion towards certain illegal aliens, who came to the USA as children. On August 15, 2012, the USCIS made available the application form I-821D f...
The Court of Appeals for the Third Circuit (the “Third Circuit”) recently held the Board of Immigration Appeals (the “BIA”) “did not err when it concluded that it lacked jurisdiction to consider [an alien’s] motion to reopen sua sponte”,
There are circumstances when the applicant is not interested in pursuing immigration purposes and needs to visit the United States for business related purposes; to attend a conference or meetings or attend to a family matter. The Congress contemplated such scenarios as well.
INA § 212(a)(6)(C)(i) Fraud or Misrepresentation
Once the asylum applicant has established he or she suffered past persecution, the burden of proof shifts to the Department of Homeland Security (DHS) to rebut this presumption.
An alien who may otherwise be eligible for asylum or withholding of removal may be barred from obtaining asylum and withholding of removal when “there are serious reasons for believing that the alien committed a serious nonpolitical crime”,
In the Matter of Leal, 26 I&N Dec. 20 (BIA 2012), the Board of Immigration Appeals (BIA) recently considered “whether ‘recklessly endangering another person with a substantial risk of imminent death’ [ ] is a crime involving moral turpitude
The Violence Against Women Act of 1994 (VAWA) provides for investigation and prosecution of violent domestic crimes against women.
Way too often, I run into a client who asks whether a Legal Permanent Resident is allowed to file for bankruptcy and more importantly, whether doing so would carry negative consequences for their potential bid for the US Citizenship through Naturalization process. This ques
There are different appellate processes that immigrants must go through. These processes depend on the nature of the immigrant’s petition or application, whether the person has a valid immigration status, and whether that immigrant is detained in an immigration detention facility.