Immigration Lawyer Blog

COMPARING THE BIDEN AND TRUMP ADMINISTRATIONS ON IMMIGRATION POLICY

Published on: April 7, 2023 | By BestImmigrationLawyer.com

Immigration policy has always been a critical and controversial issue in American politics. Not a day goes by when there isn’t some news story dealing with immigration issues. With the transition from the Trump administration to the Biden administration, there has been a significant shift in policies and priorities. In this post, the legal team at BestImmigrationLawyer.com highlights some of the most significant changes in immigration policy under President Biden compared to President Trump.

1. The “Zero Tolerance” Policy

The “Zero Tolerance” policy was one of the signature cornerstones of the Trump administration’s approach to immigration issues. This policy led to the separation of thousands of children from their parents at the United States/Mexico border. Under this controversial policy, persons who crossed the border without inspection or authorization were criminally prosecuted. This resulted in thousands of families being separated. However, upon assuming office, the Biden administration issued an executive order terminating President Trump’s Zero Tolerance policy and created a task force to start reunifying families that had been separated as a result of this policy. President Biden has since stated that he intends to focus on the root causes of migration from Central America and reforming the nation’s asylum process.

THE 3 MOST COMMON REASONS FOR DEPORTATION

Published on: March 31, 2023 | By BestImmigrationLawyer.com

Deportation is the process of removing a foreign national from the United States due to violations of immigration laws. Although there are many different grounds for deportation, this blog discusses the three most common reasons which include the following:

1. Violation of immigration laws: This category includes a wide range of issues, such as entering the United States without proper documents, overstaying the authorized length of a visa or violating the terms of a person’s authorized status. For example, someone who enters the U.S. on a tourist visa but then starts working without first obtaining work authorization from the government could face deportation for violation of immigration laws.

2. Criminal convictions: Non-citizens, including legal permanent residents (“green card” holders), can be removed from the United States if they are convicted of certain crimes. The list of deportable offenses is quite extensive and includes both misdemeanors and felonies, such as crimes involving moral turpitude, drug offenses, firearms offenses, aggravated felonies, and domestic violence. The severity of the crime and the individual’s criminal history can affect the likelihood of deportation.

WHAT IS A U VISA?

Published on: February 11, 2023 | By BestImmigrationLawyer.com

A “U” visa is a nonimmigrant visa available to victims of certain crimes (e.g. rape, assault, attempted murder, armed robbery, kidnapping, involuntary servitude, domestic violence, stalking) who have suffered substantial mental or physical abuse. The crime (which must have occurred in the United States or in violation of U.S. laws) must be serious and generally violent in nature. Further, to be eligible for a U visa, a victim of a crime must be willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. The U visa was created by the United States Congress as part of the Victims of Trafficking and Violence Protection Act (VTVPA) in 2000 to encourage victims to report crimes without fear of deportation and to strengthen the ability of law enforcement agencies to investigate and prosecute certain criminal cases.

To be eligible for a U visa, an individual must:

1. Be a victim of a qualifying criminal activity that occurred in the United States or in violation of U.S. laws.

A SHORT HISTORY OF AMERICAN IMMIGRATION LAWS

Published on: January 9, 2023 | By BestImmigrationLawyer.com

Have you ever wondered about how the current American immigration system came into being? Today’s blog post is intended to give you a short history of American immigration laws. It’s fascinating to see how these policies have evolved over time. At BestImmigrationLawyer.com, we think you’ll find it quite interesting to learn about the history of our nation’s immigration system.

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Let’s start with the early days. Back in the 18th and 19th centuries American immigration was pretty much a free-for-all. People from all over Europe were arriving in the United States seeking new opportunities and a better life. For the most part, there were no restrictions on who could come in to the country and immigration was seen as a way to boost the population and the workforce. However, as the country grew and changed, so did the attitudes towards immigration. The first major immigration law in the United States was the Chinese Exclusion Act of 1882 which was signed into law by President Chester A. Arthur. This act was pretty much what it sounds like—it prohibited Chinese laborers from immigrating to the US for ten years. Shamefully, this law came into being because there was a lot of anti-Chinese sentiment and prejudice during that time, fueled by fears of job competition and the belief that the Chinese were “unassimilable.” But the Chinese Exclusion Act was just the beginning.

In the early 20th century, the nation saw the introduction of a quota system with respect to immigration. The 1921 Emergency Quota Act and the 1924 Immigration Act put numerical limits on immigration and favored people from Western and Northern European countries. These laws were rooted in a desire to maintain the country’s ethnic and racial makeup, and they discriminated against people from Southern and Eastern Europe, as well as other parts of the world.

HOW DO IMMIGRATION JUDGES GET SELECTED?

Published on: December 27, 2022 | By BestImmigrationLawyer.com

In the United States, immigration judges play a crucial role in the country’s immigration system, presiding over cases that determine the fate of millions of individuals seeking asylum, protection, and the right to stay in the country. Given the important role judges play in the immigration system, you might be wondering how immigration judges get selected. Immigration judges are appointed by the U.S. Department of Justice (DOJ) through a rigorous selection process that prioritizes legal expertise, impartiality, and ethical conduct.

The selection process for immigration judges involves several steps, including identification of a need for judges, solicitation of applications, evaluation and ranking of applicants, interviews, and final appointment. These steps ensure that only the most qualified and competent candidates are appointed to the immigration courts.

1. Identification of Need: The Executive Office for Immigration Review (EOIR), a sub-agency within the DOJ, oversees the country’s immigration courts. The EOIR identifies the need for new immigration judges based upon factors such as caseload, retirements, and changes in immigration policies or laws. Once a need is identified, the EOIR works with the DOJ to initiate the hiring process.

CAN SMOKING MARIJUANA RESULT IN DEPORTATION?

Published on: November 15, 2022 | By BestImmigrationLawyer.com

CAN SMOKING MARIJUANA RESULT IN DEPORTATION?

This is a question that comes up often. The consumption of marijuana has become a controversial topic in the United States in recent years, particularly due to the ongoing process of legalization in several states. However, the situation becomes more complex when it comes to the rights and restrictions of non-U.S. citizens in the country. This blog will examine the question: Can I get deported from the United States for smoking marijuana? At BestImmigrationLawyer.com, it’s a question we get asked quite often.

Federal vs. State Laws

TEMPORARY PROTECTED STATUS EXTENDED TO ETHIOPIANS IN THE UNITED STATES

Published on: October 27, 2022 | By BestImmigrationLawyer.com

TEMPORARY PROTECTED STATUS EXTENDED TO ETHIOPIANS IN THE UNITED STATES

This month the United States Department of Homeland Security announced that it has designated the nation of Ethiopia for Temporary Protected Status (“TPS”). A country can be designated for TPS if the conditions in that country include armed conflict, environmental disaster or extraordinary conditions that otherwise make life dangerous in that country. What this means in practical terms is that persons from Ethiopia currently residing in the United States as of October 20, 2022 can remain here for 18-months without fear of overstaying a visa or being deported. That 18-month period can be extended if the TPS gets extended. The rationale behind TPS is that persons from nations that have been designated for TPS status cannot return home without being placed in danger and therefore they must be allowed to remain in the United States for a temporary period of time for their protection.

Currently, Ethiopia’s Tigray region has witnessed an ongoing civil war since 2020 that has brought tremendous suffering and danger to the region. In addition to this civil war, the shutterstock_2198353425-Converted-1-300x220 country is also experiencing food shortages, dangerous environmental conditions and other hardships that make life dangerous. In recognition of this, the Secretary of DHS, Alejandro Mayorkas, recently commented that “Ethiopian nationals currently residing in the U.S. who cannot safely return will be able to remain and work in the United States until conditions in their home country improve.” This news has been met with relief in the Ethiopian community and especially among those facing the prospect of overstaying a visa versus returning home to dangerous conditions.

EVERYTHING YOU NEED TO KNOW ABOUT THE “B” VISA

Published on: September 6, 2022 | By BestImmigrationLawyer.com

EVERYTHING YOU NEED TO KNOW ABOUT THE “B” VISA

A visa is a stamp in a person’s passport that allows him or her to travel to the United States for a specific purpose. The only way to enter the United State legally is either as an immigrant or a non-immigrant with a visa. There are two types of “B” visas: B-1 and B-2. A B-1 visa allows persons to come temporarily to the United States for business purposes. A B-2 allows travel to the United States for non-business purposes such as visiting relatives or engaging in tourism activities. The B visa is one of the most common types of visas a person can receive. Here is everything you need to know about the “B” Visas. In fact, millions of visitors travel to the United States each year on B-1/B-2 visas. A key point about B visas is that they only allow a person to remain temporarily in the United States.

WHAT ARE THE ELIGIBILITY REQUIREMENTS FOR THE B VISA?

Introducing Patrick Lindemann, Esq. to the Best Immigration Lawyer Team

Published on: August 8, 2022 | By BestImmigrationLawyer.com

Welcome Patrick Lindemann, Esq. to the Best Immigration Lawyer Team

There are very few lawyers in the United States with Patrick Lindemann’s unique experience and accomplishments that practice immigration law. If you’re facing immigration issues and you need the best, you’ll want Patrick in your corner. An exceptional lawyer with deep experience and knowledge in the field of immigration law, Patrick is the first choice for client’s facing serious immigration issues. Based upon his professional background and work history, he has the respect of judges and government officials that deal with immigration matters.

Prior to joining BestImmigrationLawyer.com, Patrick spent over a decade with the United States Department of Homeland Security as a Trial Attorney handling nearly every type of immigration case. This unique experience has equipped Patrick to provide outstanding representation to clients dealing with the American immigration system. Whether you’re a business needing help with business immigration issues or you’re an individual facing deportation, Patrick can help. There are few lawyers with his level of expertise and knowledge regarding the immigration court process and system. Because of this, Patrick is often consulted by other lawyers who need help counseling their own clients about immigration matters. Whether your issue involves a bond hearing, a petition for asylum, adjustment of status, a DACA application or citizenship, Patrick and the BestImmigrationLawyer.com are here to help.

WHAT YOU NEED TO KNOW ABOUT IMMIGRATION COURT

Published on: July 25, 2022 | By BestImmigrationLawyer.com

What you need to know about immigration court?

If you’re not an American citizen, or even if you are, you may have found yourself facing the immigration court system at some point in your life, perhaps because you entered the country without documentation or overstayed your visa. There are many misconceptions surrounding the immigration court system, and this confusion makes it much more difficult to navigate through it successfully, no matter what your particular situation is. To ensure that you’re as prepared as possible to navigate through this confusing legal process, take a look at the information below to help you understand how immigration court works.

Who Should Attend?