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 […]
Friends, we started an online petition on a great website called www.change.org. In the aftermath of Super Typhoon Haiyan that devastated the Philippines and took the lives of thousands, we want President Obama and the Department of Homeland Security to designate Temporary Protected Status (TPS) to the Philippines. The United States can grant TPS to a country that faces “extraordinary […]
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 […]
Since the Supreme Court ruling in United States v. Windsor striking down the Defense of Marriage Act (DOMA) Section 3’s definition of marriage as between one man and one woman, many same-sex immigrant couples have wondered if they can benefit if they live in a state that does not recognize marriage equality. The simple answer is yes! To date and to the knowledge […]
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” […]
The director of Immigration & Customs Enforcement, John Morton, released a memorandum on December 21, 2012 that if implemented will significantly scale back the application of detainers by federal, state and local law enforcement. Under the new guidance, ICE should issue a detainer only where (1) they have reason to believe the individual is an alien subject to removal from […]
