Articles Posted in Avoiding Deportation

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U.S. Supreme Court Building

Are there limits to the government’s powers in expulsion of non-citizens and controlling its borders?

The United States Supreme Court recently decided to consider appeals regarding two very different immigration scenarios. One involves a judge’s order of deportation issued inside the United States; the other involves a decision made by a U.S. consulate in a foreign country. However, both cases have a common thread: what is the permissible extent of the government’s powers?
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MAVNI program expanded to include DACA

MAVNI program extended to individuals granted DACA immigration status

Living amongst us in the United States are hundreds of thousands of children who grew up as Americans but lack immigration status because of the way that they entered the United States. Many of these DREAMers have been given a chance to avoid deportation through the Deferred Action for Childhood Arrivals (or DACA) program. And now, the Department of Defense has announced that the MAVNI program has been expanded to those individuals.
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Immigration Due Process - Romben Aquino Blog

Recent cases involving unaccompanied children are being expedited, some without sufficient notice

Immigration judges across the country have been instructed to prioritize the cases involving unaccompanied children who have recently entered the United States through Mexico.
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Form I-862 Notice To Appear In Immigration Court

An In-Depth Look at the “Notice To Appear” Document

I have previously explored how immigrants first find themselves in immigration court proceedings and we discussed what you should know if you receive a Notice to Appear. The NTA is one of the most critical documents in the process, so this week we take a in-depth look.
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Immigrant Children 2014

“I brought Hassan’s son from Afghanistan to America, lifting him from the certainty of turmoil and dropping him in a turmoil of uncertainty.”
– Khaled Hosseini, “The Kite Runner”

Rather than speculation about whether there is going to be a new immigration law this year, the recent headlines about immigration have been about the surge of unaccompanied minor children from Central America who have been arriving at the U.S.-Mexico border. This mother’s statement to a reporter reflects a common misperception: “If she gets across [the U.S. border] she can stay here. Now they say all children need to do is hand themselves over to the Border Patrol.”

What information are parents and guardians missing?
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Just Received A Form I-862 Notice To Appear

What You Should Know If You Receive a Notice To Appear (NTA)

This week, we return to our discussion about the ins-and-outs of immigration court proceedings. Last time, I discussed the various ways that people are “thrown” into removal proceedings. Today, I take a closer look at the Form I-862 Notice To Appear.
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When will I get my green card?

The story of “Tommy and Tomina”…

One of the questions that every immigration lawyer gets asked is “How long is it going to take for my family member to get his green card?” And, in typical lawyer fashion, my response is “Well, it depends.” This Continue reading

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Deportations Decline, Expedited Removals Rise

The decline in deportations still leaves immigrants vulnerable

According to recently released government statistics, there has been a 43% decline in deportations ordered by immigration judges. Unfortunately, these statistics do not include “expedited removals” — individuals who are issued a deportation order at the border without ever seeing an immigration judge. Those numbers are on the rise.
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Immigration Application Denied or ApprovedWas your application denied because of a false claim to citizenship?

If the claim was made before 1996, it may not affect your application for naturalization.

One of the things that gives me immense pleasure as an immigration lawyer is taking a case that had previously been denied and turning it into an approval. It involves a close read of the government’s denial letter, a searching analysis of what errors were made (either by the government, the prior attorney, or the client), and then crafting a strategy towards a different, more favorable outcome.
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Immigration Marriage InterviewHow the USCIS really handles marriage interviews

The other night, I was watching the tele with my wife.  As regular readers of this blog know, that means I was watching one of my wife’s shows again.  On a recent episode of “Trophy Wife,” Kate (played by Malin Akerman) discovers that her marriage paperwork didn’t go through and she’s in danger of being deported . . . to Canada!  (If you haven’t watched it yet, be advised that spoilers are ahead.)  Now — I’d like to compare the Hollywood marriage interview experience to reality.
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