Because the government has limited resources to deport people who are in the U.S. illegally, it has come up with the concept of Prosecutorial Discretion (PD). Under PD, a judgment… CONTINUE
Deportation: What to Expect – The Removal Process
Deportation as a standalone concept ended in 1997 and currently the process is called “removal.” But the terms, in general, are used interchangeably, although an experienced attorney will know how… CONTINUE
BIA Holds Immigration Judge Should Grant A Continuance to the Department of Homeland Security (DHS) So That DHS Can Effect Proper Service Of A Notice to Appear (NTA) That Was Defectively Served Pursuant To The Regulations Governing The Service of Minors Under 14.
On December 16, 2016 the Board of Immigration Appeals (BIA or Board) issued a decision in a case where the Immigration Judge (IJ) had terminated removal proceedings against a minor… CONTINUE
BIA Holds Asylum Application Frivolous Because Respondent Falsely Postdated His Date Of Entry (DOE) By More Than Two years And DOE Is a Material Element In Deciding Asylum Eligibility, Distinguishing Prior Third Circuit Precedent. Matter OF X-M-C-, 25 I&N Dec. 322 (BIA 2010) Followed.
On December 12, 2016, the Board of Immigration Appeals (BIA or Board) issued a decision in an appeal of a removal order by one found by the Immigration Judge (IJ)… CONTINUE
BIA Holds An INA §237(a)(1)(H) Fraud Waiver Does Not Waive Removability Under INA §237(a)(2)(A)(i) For Conviction Of Crime Involving Moral Turpitude, Even Where Conviction Based On Underlying Fraud.
On November 1, 2016, the Board of Immigration Appeals (BIA or Board) addressed the issue of whether an INA §237(a)(1)(H) waiver can waive removability under INA §237(a)(2)(i) for conviction of… CONTINUE
Our Network of Professionals – Business and Tax Lawyers to Facilitate Your E-Visa Progress
A good immigration attorney is always going to have access to a network of professionals who help make E visas possible because the lawyer has created those relationships. The structure… CONTINUE
BIA Holds The Categorical And Modified Categorical Approaches Provide The Proper Framework As To Whether A Conviction Is For A Crime Involving Moral Turpitude (CIMT), Finding That Unless The Controlling Federal Circuit Case law Requires Otherwise, The Realistic Probability Test – Focusing On The Minimum Conduct That Has A Realistic Probability Of Being Prosecuted Under The Statute – Should Be Applied In Determining Whether An Offense Is A Categorical CIMT. The Board Also Holds That, Under The “Minimum Reading” Approach Of The Fifth Circuit, A Conviction For Indecency With A Child Per Texas Penal Code §21.11(a)(1) Is Not A Categorical CIMT And One Engaged In Sexual Abuse Of A Minor Need Not Make A Heightened Evidentiary Showing Of Hardship Or Other Factors To Obtain A Favorable Exercise Of Discretion.
On October 12, 2016, the Board of Immigration Appeals (BIA or Board), on remand from the Attorney General, developed a uniform standard to determine whether a particular criminal offense is… CONTINUE
E-visa: Multiple Jobs
Q: Can I have two jobs in the United States if I am running a Business under an E-Visa, or am I precluded from doing so? A: Generally, no. You… CONTINUE
Do I Need a Lawyer to Get an E-2 Visa?
We recommend that, given the complexity of the visa category, prospective investors at least review their plans and consult with a E-2 visa trustworthy, reliable immigration attorney. There are many… CONTINUE
BIA Holds That An Applicant For Adjustment Of Status (AOS) Under INA §209 Must Be Either A Refugee Or An Asylee. Cubans Paroled Into The U.S. Between April 1 and May 18, 1980 Per INA §212(d)(5) Were Admitted As Refugees. One Paroled After May 18, 1980 With An I-94 Indicating The Purpose Of His Parole Was For “Cuban Asylum” Is Ineligible To Adjust Status Under §209 Because He Was Not Admitted As A Refugee Or Granted Asylum.
On December 1, 2016, the Board of Immigration Appeals (BIA or Board) ruled on the appeal of a Cuban citizen who was paroled into the U.S. per INA §212(d)(5) on… CONTINUE
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