The U.S. constitution guarantees fair treatment for all persons under the law. This means that any person, regardless of immigration status, is entitled to enjoy certain rights. One of the rights which immigrants get to enjoy is the right to have an attorney appointed as legal defense should the immigrant be charged with a criminal…
Relief from removal is what a foreign citizen in the United States seeks in order to avoid forced removal from the country – it other words, it is what is sought to avoid deportation. Who Can Be Deported? Any person who is not a citizen of the United States is eligible for deportation to his…
Should the government issue a foreign citizen an Order of Removal, or deportation notice, the person is very likely going to feel scared, helpless, angry, and a wide range of other emotions that would be more than understandable in the situation. Luckily, individuals don’t have to fight a deportation notice alone; they can invest in…
You’ve probably heard of cases being appealed, reopened, or reconsidered. But what do these terms actually mean and can it be something you can take advantage of in case your immigration petition is denied? Notice of an Unfavorable Decision Applications for visas, green cards, and citizenship are reviewed and approved by the United States Citizenship and…
A judge for the Board of Alien Labor Certification Appeals (BALCA) recently ruled on an interesting case related to the burden employers face trying to prove the hardship related to training a new employee. It is yet another instance where experienced representation must be present when maneuvering the permanent labor certification (PERM) process. Background In…
Good immigration advice is key to making decisions when it comes to any immigration case. Nine years ago Jose Padilla, a Honduran-born Vietnam veteran who had lived in the United States legally for four decades, asked his attorney if pleading guilty to a drug charge would impact his immigration status. The lawyer told Padilla it…
I receive many calls daily requesting recommendations on immigration related matters. Like most lawyers, I am reluctant to provide legal advice based on general information over the phone. My response to most calls is that I will need to review the case records in detail before I can give you an informed opinion. There is…
The American Bar Association recently released an executive summary on the findings of a study conducted to understand the current U.S. system for removal. It described the current system as “in crisis.” The study focused on the four governmental bodies that handle removal cases, namely the Department of Homeland Security (DHS), the Immigration Courts, the…