Articles Posted in Avoiding Deportation

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

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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Form N-400 Doubles May, 2014

If you are planning to apply for citizenship, you may want to do so before May 4, 2014.

I have previously discussed the benefits of becoming a U.S. citizen in order to “save” one’s children. I still believe that if you want to become a U.S. citizen, you should pursue it as soon as you are eligible. However, I occasionally come across potential clients who have been lawful permanent residents for a long time . . . and want to renew their green cards before the expiration date.
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You mean prosecutorial discretion can apply to immigration casesProsecutorial discretion: What it means and how it can affect immigration cases

The Los Angeles Times recently reported that immigration court case closures due to prosecutorial discretion appear to be on the rise. This means more cases are being temporarily closed due to the artful use of prosecutorial discretion.
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Save children from deportation

How automatic citizenship can keep children from being deported

Over the years, I have met with families whose sons or daughters have been placed into removal proceedings. During the course of our meetings, I will learn that Junior (or Junior-ette) came to the United States as a lawful permanent resident at a young age. Then Junior committed a crime that triggers the government’s deportation machinery. Then I will ask the parents: did one of you become a naturalized U.S. citizen before his 18th birthday?
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