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Since April 1, 2011 the USCIS began accepting H-1B petitions. An H-1B applicant is a foreign worker engaged in a specialty occupation. The annual cap for applicants who only have bachelor’s degree is 65,000 annually; an additional 20,000 may be approved for applicants with master degrees or higher. If the number of applicants for H-1B...
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The U.S. Supreme Court decided in 2010 that the Sixth Amendment to the Constitution requires a lawyer defending a client in a criminal case to explain the immigration implications of a guilty plea. When the nature of the crime a charged would require the defendant’s certain deportation his/her, lawyer is obliged to inform the client...
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Ironically this Act is available to men as well as women. Although women usually are the victims, we have represented a few male spouses who have benefited from this law. One of our clients was constantly being threatened by his wife. If he didn’t do what she told him to do, she said she would...
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Hardship, extreme and unusual, are imperative elements in applications such as Cancellation of Removal, Spousal Abuse, Waivers of Excludability, Asylum, Withholding of Removal, and recourse to the Convention Against Torture. These cases require corroborative evidence. If an alien is married to a U.S. citizen or permanent resident, the country conditions of the alien must be...
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To encourage alien victims of crimes in the U.S. to come forth to help law enforcement, regardless of whether the alien is documented or undocumented, Congress in 2000 created a path for these victims to obtain legal status, at first for three years, and at the end of the third year permanent residence. The afflicted...
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An asylum applicant has but one year to file a claim after arrival in the U.S. The clock starts to run from the last arrival date in the U.S. Two exceptions exist in the Statute: a) Changed circumstances that would materially affect the applicant’s eligibility or b) extraordinary that delayed the filing of the asylum...
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In 2002 the Homeland Department Security Act granted the Department of Homeland Security (DHS) primary responsibility as to whether an applicant for a visa has qualified for a particular status. The DHS reviews permanent residence applications for spouses or parents of U.S. citizens, siblings, and fiance(s) of U.S. citizens. The DHS also passes on extraordinary...
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We recently had a case of a lady who had been ordered deported 10 years before for having entered the U.S. without a visa.Notwithstanding the Order, our client remained in the U.S. She had a child eight years ago who is seriously incapacitated and our client who had worked in a hospital was unwilling to...
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WHAT CAN YOU DO IF YOU ARE UNDOCUMENTED? Many undocumented aliens have to drive for work for family needs such as hospital visits, or just for pleasure. If you get into an accident or run a light or make a wrong turn, you can be pulled over by the police. When the policeman learns you...
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What can you do if an Immigration Judge in an asylum or any other proceeding is arbitrary and capricious? Or if a Judge refuses to grant a Motion to Reopen if you were ordered removed in absentia? Or if a Judge fails and/or refuses to grant you a reasonable bond to free you from detention?...
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