Recent Developments in Asylum

By Attorneys Rafael Torres, III & Nancy E. Miller

As the world continues to suffer from tumultuous conflicts and wars, there are people in many countries who are victims of persecution and might desire to seek safety outside their home country. The United States accepts applications for asylum or refugee status from those people fleeing their home country due to their fear of persecution based on specific protected grounds. The process of applying for, and receiving, asylum or refugee status is complicated and constantly evolving. Thus, any person potentially interested in seeking asylum or refugee status should consult a knowledgeable and experienced immigration attorney to navigate this path to relief.

IMMIGRANT VISA DENIED – WHAT’S THE NEXT STEP?

By Attorneys Gregory J. Boult & Nancy E. Miller

Securing an immigrant visa to the United States can be a long and stressful process.  After waiting months or even years, an applicant concludes the process with a brief and concise interview with a consular officer.  In the best case scenario, the immigrant visa is approved at the time of the interview.  However, not all immigrant visa interviews proceed without issue; and for some, the interview can result in the denial of their application.  A denial is followed by confusion as the applicant and family members struggle to understand why the visa was denied and what action, if any, can be taken to remedy the situation.

USCIS Reveals Provisional Waiver Expansion Coming Soon

By Attorneys Ben Loveman & Nancy E. Miller

USCIS recently announced that it expects the expanded provisional waiver program to be open for business within the first part of 2016.  Seeing as March is already upon us, it would seem the provisional waiver expansion could be here any day now.  Before the expanded waiver program could go into effect, USCIS was required to publish proposed new regulations and allow time for public comment. At last announcement, USCIS was completing review of public comments and anticipated publishing the final rule shortly.

From Fraud to Waiver to Citizenship in 3 Not-So-Easy Steps!

By Attorneys Devin M. Connolly & Nancy E. Miller

Countless people want to live in the United States.  It is, therefore, not surprising that people sometimes misrepresent facts in order to accomplish that goal.  These lies are told for an obvious reason – telling the truth would not get them an immigration benefit.  However, an immigration benefit obtained through a lie renders the alien removable.  If (or when) the Department of Homeland Security discovers the truth, they will take steps to deport the person to his native country.

Obtaining A Green Card After Being Ordered Deported

By Attorneys Devin M. Connolly and Nancy E. Miller

The ability to apply for permanent resident status (green card) in the U.S. rather than at the Embassy in your native country is frequently more than a simple convenience.  Rather, being forced to depart the U.S. and apply abroad can have life-altering consequences.  By leaving the U.S. an applicant may be making themselves ineligible for the very thing they are leaving the U.S. to apply for – a green card.  And no, it does not matter that they only reason you left the U.S. was because you were told that you were ineligible be granted your green card from within the U.S.

Working In The U.S. With An H-1B Visa

By Attorneys Devin M. Connolly & Nancy E. Miller

The U.S. Citizenship and Immigration Service (CIS) will being accepting H-1B petitions for Fiscal Year 2017 on April 1, 2016. It is vitally important to file the petition exactly on April 1st.  If not, as discussed below, you risk the H-1B cap being met before you even submit your petition.  A well-prepared, approvable petition takes time to prepare. Therefore, now is the time to begin preparing your H-1B petition.

Why Naturalize: to Vote and for Much More!

By Attorneys Rafael Torres, III & Nancy E. Miller

Election season is upon us! There are estimates that over 8 million people here in the United States are eligible to embark upon the naturalization process to become citizens and, if they submit their applications in the very near future, may be able to participate in the upcoming election in November of this year. This year, citizens of the United States will have the opportunity to select the next President – the person who will lead us for the next 4 years.

Green Card Marriages Are Not A Realistic Option

Desperate times call for desperate measures!  We have all heard this phrase many times in our lives. But the reality is that these desperate measures often produce disastrous results.  In the context of immigration law, the desperate act of marrying someone solely for a green card almost always ends very badly.

Hope After an Order of Removal

By Attorneys Anda Kwong & Nancy E. Miller

For some, the path to the American Dream does not go smoothly.  One may have been fighting for status for years only to hear the immigration judge order him removed.   Is it over?  Is there any hope?

NINTH CIRCUIT CONTINUES TO NARROW WHICH CRIMES ARE AGGRAVATED FELONY CRIMES OF VIOLENCE

By Attorney Nancy E. Miller

Being convicted of a crime that immigration law categorizes as an aggravated felony is devastating.  The relief available to a non-citizen in this situation is extremely limited. An immigrant may face removal even if he has lived here most of his life and even if the crime categorized as an aggravated felony is neither aggravated nor a felony under state law.