Category: Removal & Deportation

Is Virginia simple possession of child pornography a removable or deportable offense? Virginia code VA 18.2–374.1:1 (A), simple possession of child pornography for a first time offender, states that any person who knowingly possesses child pornography is guilty of a class six felony. The statute punishes the mere possession of material which is defined as sexually explicit visual material which […]

Grand Larceny not an Immigration Aggravated Felony For years Virginia felony grand larceny was deemed an aggravated felony for Immigration purposes, which means most likely a person with this conviction would be removed or would not be allowed to receive almost any immigration benefit. On December 23, 2014, the Fourth Circuit Court of Appeals which issues controlling decisions for Virginia, […]

The Board of Immigration Appeals (BIA) clarified that a foreign national does not need to rescind a prior removal order if a foreign national seeks to file for asylum based on changed country conditions in the foreign national’s home country. Normally, an individual who has an outstanding order of removal (deportation) first files a motion to reopen with the Immigration […]

Legal Immigration Status for Military Family Members If you are the spouse, parent, or child of an active duty or retired member of the Army, Marines, Navy, Air Force, Selective Reserve of the Ready Reserve, then you can obtain legal status. This concept has been around quite a few years but was clarified recently to implement a uniform policy across […]

Welcome Dreamers. We are repeatedly asked by students and young persons who have been granted under the Deferred Action for Childhood Arrivals (DACA or Dream Act as it is commonly referred to) program about traveling outside the United States. As I often answer and have previously blogged about, a DACA applicant must demonstrate that the travel is for one of […]

For those of us familiar with Asylum cases, there is much grumbling and moaning when you mention “The Clock.” It can ruin a person’s ability to support themselves and it is unclear when it gets stopped and started or does not run. The “Asylum Clock” (or KLOK as it is also known) is basically the concept that a foreign national […]

We recently received a Deferred Action for Childhood Arrivals (DACA or commonly referred to as the Dream Act) approval for a case I am particularly proud of. Some background first. We had a client who while detained and without a lawyer, was very unfairly ordered removed (deported) by an Immigration Judge. We appealed his case to the Board of Immigration […]

In the United States v. Windsor, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. This monumental decision, which was the culmination of years of tireless work by thousands of advocates the world over, opened up the much needed availability of immigration benefits to same-sex couples. USCIS reacted fairly quickly to open the doors […]

A young client who was recently granted legal status and work authorization under the Deferred Action for Childhood Arrivals (DACA) program asked me if he could travel outside the United States. His life had changed so much in the last few months. For the first time in his life he was legal and could work. He knew no other country […]

We are fielding questions about whether someone in removal proceedings or who has been ordered removed (deported) can apply under the new Provisional Waiver Process. The Answer If you are currently in removal proceedings, they need to be “administratively closed” so that you can apply for the Provisional Waiver (I-601A). Once the waiver has been approved, you will need to “re-calendar” […]