Most visitors to the US enter without any problems. However, some encounter more scrutiny and are denied admission due to violation of immigration laws. In this article, we’ll examine different…
A CRIMINAL conviction for domestic violence might affect an alien’s eligibility for immigration relief or benefit. This conviction might qualify as a ground for inadmissibility under crime involving moral turpitude…
A criminal conviction for domestic violence might affect an alien’s eligibility for immigration relief or benefit. This conviction might qualify as a ground for inadmissibility under crime involving moral turpitude (CIMT). It might also qualify as a ground for deportability under aggravated felony or domestic violence. Grounds for inadmissibility disqualify an alien who is trying to enter the US from getting a visa or admission. Grounds for deportability make an alien who has already been admitted into the US susceptible to removal.
Drug trafficking crimes are aggravated felonies. There are two distinct aggravated felonies under INA 101(a)(43)(B), illicit trafficking in drugs and drug trafficking. In Matter of Sanchez-Cornejo, 24 I&N Dec. 273…
On February 28, 2014, the Board of Immigration Appeals (BIA) issued its decision in Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), which clarifies the scope of INA 212(c)….
On January 24, 2014, USCIS issued guidance on the adjudication of Form I-601A waivers in cases involving applicants with criminal history. To understand the significance of this guidance, let us…
Eligibility for immigration relief sometimes depends on whether an alien was admitted into the US or the lapse of time since admission. Thus, it becomes necessary to determine whether or…
Aliens who engage in certain criminal conduct are inadmissible or ineligible for a visa or admission into the US. INA 212(h) authorizes the waiver of inadmissibility arising from the following:…
We have seen in a previous article the consequence of illegally re-entering the U.S. after having been removed. Illegal re-entry must never be an option. Such drastic action is driven…
An alien who was removed from the U.S. cannot return within 5 years if he was removed by an immigration officer through expedited removal or within 10 years if removed…
Members of Congress and various organizations have requested USCIS to consider designating the Philippines for Temporary Protected Status (TPS) due to the devastation brought about by Typhoon Haiyan on November…
We have covered in previous articles the different ways of acquiring U.S. citizenship at birth. Aside from birth, the other means of acquiring U.S. citizenship is through naturalization. Under INA…
We briefly discussed in the last article the current rules for acquiring U.S. citizenship by birth abroad to U.S. citizen (USC) parents. Today, we’ll see some examples that illustrate both…
One may acquire U.S. citizenship either at birth or through naturalization. Birth in the U.S. is the common way of acquiring citizenship. Under INA 101(a)(38), the incorporated territories of Puerto…
In previous articles, we have discussed the requirements and implications of grandfathering under INA 245(i). We have also focused on the question of when a petition or application is approvable…
We previously discussed adjustment of status and grandfathering under INA 245(i). Under INA 245(i), an alien, (a) who is physically present in the U.S. and (b) who entered without inspection,…
Adjustment of status is the process that allows an alien who was inspected and admitted or paroled into the U.S. to apply for lawful permanent residence (LPR) while in the…
INA 204(c) bars the approval of a subsequent immigrant petition for an alien who had tried to obtain benefits under a first petition which was based on a fraudulent marriage….
INA 212(a)(6)(C)(i) bars an alien from receiving a visa or admission into the U.S. if this alien has previously obtained or attempted to obtain a visa, other documentation, admission or…
Immigration law defines an aggravated felony, not by describing its common elements but by enumerating the specific offenses that fall under this category. Originally, the Anti-Drug Abuse Act of 1988…
Despite their right to live and work in the U.S. permanently, lawful permanent resident (LPR) aliens may be removed from the U.S. due to criminal behavior or prohibited conduct. During…
Marriage fraud is a serious immigration violation with lasting consequences. An I-130 immigrant petition based on a fraudulent marriage would be denied. Additionally, under INA 204(c), no petition shall be…
Aliens who commit drug offenses may become inadmissible or deportable. Inadmissibility means that an alien is ineligible to receive a visa or he cannot be admitted into the U.S. based…
DRIVING under the influence (DUI) of alcohol or narcotics is a serious threat to public safety. The Center for Disease Control and Prevention reported that over 1.4 million drivers were…
With all the trouble immigrants go through to obtain their lawful permanent residence (LPR), you would be surprised to find out that some immigrants abandon their LPR status, in most…
We’re continuing our discussions on the interesting proposals under the bipartisan senate bill on immigration reform, S.744, entitled the “Border Security, Economic Opportunity and Immigration Modernization Act”. Last time, we…
On April 17, 2013, a bipartisan group of senators filed the “Border Security, Economic Opportunity and Immigration Modernization Act” bill in the U.S. Senate in an effort to start the…
A lawful permanent resident (LPR) or US Citizen (USC) parent may file an immigrant petition for his alien child including an adopted child. Under INA 101(b)(1)(E)(i), a child adopted while…
Using a false social security number is one way to obtain unauthorized employment. You might have heard how some undocumented aliens make up social security numbers or use the numbers…
