An alien of good moral character who married and resided with a US Citizen (USC) or lawful permanent resident (LPR) spouse but who was battered or subjected to extreme cruelty by the USC or LPR spouse during the marriage may file a battered spouse petition under the Violence Against Women Act (VAWA) provisions of the…

If you listen to the news these days, you get the impression that immigration reform is inevitable. Never mind that it also felt this way in 2007 before the immigration deal collapsed. If you’re excited about these recent developments, try to understand the forces that propel and resist reform and you’ll know whether there will…

You might think that a deportation order would ruin your immigration options but you would be surprised to find out that it’s not always the case. Removal is the compulsory movement of an inadmissible or deportable alien out of the US based on a final order of removal. Deportation is the popular term for removal…

An N-400 naturalization application may appear to be a simple application. For most applicants that might be true but for some there are serious risks that go beyond mere denial of the N-400. A lawful permanent resident (LPR), who is 18 years or older, may apply for naturalization by establishing that he meets the residence,…

The details of the DHS Final Rule on Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives, which was published on January 3, 2013 and which take effect on March 4, 2013, are by now familiar. Immediate relatives of US Citizens (USC) applying for immigrant visas abroad but are inadmissible based on their unlawful…

0 Comments and 0 Reactions In 2012, we saw a sharp contrast in the enforcement of immigration laws against different groups of aliens. The deferred action for childhood arrivals (DACA) program granted limited relief to qualified aliens who came to the US as children. The Immigration and Customs Enforcement’s (ICE) Office of the Chief Counsel…

A lawful permanent resident (LPR) is authorized to live and work in the US on a permanent basis. An LPR is allowed automatic entry into the US after short trips abroad. However, there are instances when an LPR who is returning from a trip abroad is not automatically allowed entry but is instead considered as…

In October 2012, an Immigration Judge (IJ) reopened my client’s exclusion proceedings more 20 years after another IJ ordered her exclusion from the US in 1991. In October 1999, she filed a motion to reopen (MTR) her proceedings through prior counsel but the IJ denied this motion in March 2000. What could have prompted this…

Under the basic labor certification process, the employer may file an application only after conducting efforts to recruit US workers by means of the following mandatory steps: (1) placing an advertisement on 2 different Sundays in a newspaper of general circulation in the area of intended employment; (2) placing a 30-day job order with the…