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News Flash: Supreme Court Rules Against TPS Recipients

On Monday, June 7, 2021, the Supreme Court of the United Stated (SCOTUS) unanimously ruled that some Temporary Protected Status (TPS) recipients are not eligible for lawful permanent resident status, commonly known as green cards. It is important to note that this ruling does not apply to all TPS recipients. Specifically, the court made it…

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Termination of Employment and Green Card Application

Below is a summary of the various scenarios that may impact the status of an H-1B holder if they experience employment termination as they move through the process of PERM labor certification, I-140 petition, and I-485 application. The 180-day rule comes into play only once the I-140 petition has been approved. It is important to…

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News Flash: Limited Travel from India Due to COVID-19

Due to the recent surge in cases of COVID-19 in the Republic of India, the Centers for Disease Control and Prevention (CDC) has recommended that the U.S. should be protected from travelers from that area. COVID-19 Surge in the Republic of India According to the CDC, the Republic of India is experiencing a widespread and…

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News Flash: DHS Ends Civil Penalties for Failure-to-Depart

On April 23, 2021, the Department of Homeland Security (DHS) announced that it has rescinded two delegation orders which gave certain Immigration and Customs Enforcement (ICE) officials the power to impose civil financial penalties for noncitizens who fail to depart the U.S. What Were the Fees DHS Is Ending? According to INA §240B(d), if a…

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News Flash: Lawsuit Accuses SoFi of Denying Loans to Immigrants

On Monday, April 12, 2021 a federal judge refused to dismiss “a civil rights class action against Social Finance Inc. (SoFi), a San Francisco-based online lending platform, that allegedly denied loans to immigrants who were legally residing in the United States when they applied for credit.” The lawsuit was filed in May 2020 in the…

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SCOTUS to Hear Case on TPS and Eligibility for Adjustment

The Supreme Court of the United States (SCOTUS) has agreed to hear a case concerning whether a grant of temporary protected status (TPS) authorizes eligible noncitizens to obtain lawful permanent resident status. The case, Sanchez v. Mayorkas, No. 20-315, comes from the Third Circuit and is set for April 19, 2021. What Is the Issue? Circuit…

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How to Fight Deportation in a U.S. Immigration Court

If you are an immigrant in the U.S. and you are at risk for removal (commonly called “deportation”), you need the assistance of an experienced immigration appeals attorney, and you must get that help as soon as you know that you are at risk of deportation. In recent years, the number of immigrants removed from…

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DACA: 5 Things Business Owners Should Know

The fate of DACA – Deferred Action for Childhood Arrivals – will be determined by Congress, but since the Trump Administration rescinded the program in September, many business owners are concerned about their employees who have been working legally under DACA. Will employers be able to keep these employees, or will they be lost? What…