In an earlier post, we previously discussed some permanent bars to citizenship, the most prominent of which were murder (which should be no surprise) and aggravated felonies, arguably the most virulent type of crime for immigration. But these are not the only kind of issues that can imperil a naturalization application or worse, jeopardize an individual's status. There are other factors outside of the permanent bars to good moral character that, if present, warrant thorough consultation with an immigration attorney. Three worth mentioning are false claims to US citizenship; unlawful voting; and acquisition of permanent residence through fraud, mistake, or error.
Can A Dependent Family Member Immigrate If The Main Beneficiary Dies? | 204l
One of the most frequently asked questions we run into concerns the legal ability of derivative family-based beneficiaries to immigrate if the principal beneficiary is not able to. The common context in which this occurs is when a principal beneficiary dies before his/her case becomes ripe and a visa granted. What happens to the principal beneficiary's family members? Can they still immigrate to the United States even though the principal beneficiary is deceased? The short answer, unfortunately, is no. Derivative beneficiaries are literally that: derivatives, and their status derives or depends on the status of the main beneficiary. If the principal beneficiary is unable to qualify for a visa, then family members under him/her will also not be accorded visas. In the case of either the petitioner's or beneficiary's death, in fact, the I-130 petition for alien relative is automatically revoked.
Closing My Immigration Court Case | Administrative Closure vs. Termination
While immigration court hearings are commonly regarded as relatively informal civil proceedings, nothing could be further from the truth. Removal defense practice and effective lawyering, especially in this climate, can be daunting. Even the terminology can be deceptive. "Administrative closure," for instance, is one term that has caused a lot of confusion and for some, maddening frustration.
What is Parole in Place and How Can It Help Me? | Entry and Inspection
Since President Trump took office, the government has aggressively dismantled many humanitarian and discretionary based programs including DACA and TPS for several countries. And with the way things are headed, there are no signs of abatement. However, there are a few discretionary options that, for the time being, are still intact--one of the most popular but least understood being Military Parole in Place.
2C:35-7 Distribution of Drugs Held Aggravated Felony | NJ Criminal and Immigration Lawyer
Last week, the Board of Immigration Appeals ("BIA") issued an important precedential decision that is likely to have a tremendous impact on immigration cases involving drug offenses, especially ones arising out of New Jersey. In Matter of Rosa, 27 I & N Dec. 228 (BIA 2018), the Board held that immigration judges are not limited to comparing a state drug offense to its closest or most similar federal counterpart when trying to determine whether the state crime is an aggravated felony. The Court ruled that it is permissible for an adjudicator to look at multiple provisions of the Controlled Substance Act to determine whether the conduct proscribed by the state also falls within the range of conduct punishable by a federal provision.
Immigrants Not Entitled to Periodic Bond Hearing After Detention
Although it inexplicably escaped much attention, the Supreme Court finally issued its ruling on Jennings v. Rodriguez late last month. In a 5-3 decision, the high court ruled that non-US Citizens are not entitled periodic bond hearings while being detained by the Department of Homeland Security. The impact of this ruling is momentous and will have enormous ramifications for immigrants-both legal and undocumented-who are apprehended and detained by ICE.
File For Your Family's Visa Before It Becomes Too Late | Plans to Limit Immigration
Over the last few weeks, there has been significant coverage of immigration in the media due to the government shutdown as well as President Trump's bold agenda to tighten border security and restrict immigration. While much attention has been given to the fate of "Dreamers" and their ability to acquire permanent residency, the welfare of their undocumented parents as well as family immigration, in general, has been given short shrift. To state things plainly, there is a movement underway to drastically limit family immigration. Under President Trump's Framework on Immigration Reform and Border Security, the Administration is seeking to curb the legal migration of family members and limit visas to only the nuclear family. Under the its definition, only spouses and minor children of US Citizens and Lawful Permanent Residents are considered eligible to apply for a green card. Parents, adult children 21 years or older, as well as siblings have been relegated to the category of "extended family," which traditionally would encompass cousins, aunts and uncles. In short, the following preference categories would be eliminated under President Trump's plan:
Criminal Charges May Disqualify From Renewing TPS | Temporary Protected Status
With the recent DHS pronouncements terminating Temporary Protected Status (TPS) for Honduras, Nicaragua, Haiti, and El Sa lvador, it is increasingly critical for those eligible to re-register and extend their status to do so. At the same time, individuals need to review whether they do, in fact, qualify to renew their TPS. Criminal convictions, in particular, may not only endanger the ability to extend one' status but possibly expose a person to removal proceedings. According to the regulations, conviction of a felony or two or more misdemeanors committed in the United States will disqualify one from TPS.
New Changes To Financial Sponsorship | Affidavit Of Support May Not Be Enough
Individuals seeking to immigrate to the United States must normally demonstrate that they will not be a "public charge"-that is, that they will not become primarily dependent on the government for subsistence (usually in the form of public cash assistance for income maintenance or institutionalization for long-term care at government expense). Since the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), officers have traditionally considered the following factors:
ICE AGENTS MAY SOON START TRACKING LICENSE PLATES
Late last month, some media outlets reported what is sure to be alarming news to privacy-minded individuals. It appears that Immigration and Customs Enforcement ("ICE") has finalized a contract with Vigilant Solutions, a private company, to obtain access to license plate information. According to an article in The Verge, the company has a database of more than two billion license plates photos, gleaned from vehicle repossessions agencies, other companies, and cameras stationed in police cars as well as bridges and toll booths.
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