Articles Posted in Immigration Court

This is a question we are often asked at BestImmigrationLawyer.com.  That is, can a person can work in the United States after applying for asylum. The simple answer is, not immediately, but yes, an asylum seeker can work in the U.S., after meeting certain conditions set by the U.S. Citizenship and Immigration Services (USCIS).

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Asylum is a form of protection granted to individuals who have arrived in the United States (U.S.) and who credibly fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Once an individual has applied for asylum, they must wait approximately 150-days after the USCIS receives their completed asylum application before they can apply for an Employment Authorization Document (EAD), also known as a “work permit.”  If the asylum application remains pending after 180-days, counting from the 150-day mark, the applicant becomes eligible to receive a work permit while waiting for a decision on their asylum status.  However, it should be noted, these waiting periods only apply if the asylum application is not acted upon (i.e. decided) by the USCIS. If, on the other hand, the application is granted, the individual becomes an asylee and is immediately authorized to work.

Many clients often ask, why is there a 150-day waiting period in the first place? The reason is because the government doesn’t want people coming to the United States for economic reasons instead of those reasons (i.e. race, religion, nationality, political opinion, or membership in a particular social group) that would normally support asylum. In other words, the waiting period is a way of discouraging economic migration.  The processing time also allows USCIS sufficient time to properly investigate, assess and process asylum applications.

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.

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?

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

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?

DACA HITS 10-YEAR ANNIVERSARY SPARKING RENEWED CALLS FOR PASSAGE OF THE “DREAM ACT”

The law known as Deferred Action for Childhood Arrivals, commonly referred to as “DACA,” was passed 10-years ago this month (June 15, 2012) during President Barack Obama’s Administration.  DACA protects individuals who arrived in the United States as children and affords them legal protection from deportation, along with giving them the right to work.  While the law was a significant step in the direction of providing protection to a large class of people living in the United States, immigration advocates have fought hard since the passage of DACA to provide recipients with a pathway toward permanent legal residence or citizenship.  The proposal to allow DACA recipients a pathway toward citizenship is known as the “Dream Act” and DACA eligible recipients are often referred to as “Dreamers.”

DACA hits 10 year anniversary sparking calls to pass the "Dream Act"

DACA hits 10 year anniversary sparking calls to pass the “Dream Act”

CAN YOU SUE USCIS IF YOUR IMMIGRATION PETITION IS TAKING TOO LONG?

The short answer is “yes.”

Can You Sue USCIS If Your Immigration Petition is Taking TOO LONG?

Can You Sue USCIS If Your Immigration Petition is Taking TOO LONG?

Domestic Violence Is A Crime That Will Get You Deported

The Immigration and Nationality Act (INA) is set forth at Title 8 of the United States Code.  Section 237 of that law contains the provisions governing the deportation of noncitizens.  Committing certain crimes are grounds for automatic deportation and committing any crime may be found to be grounds for removal depending upon the particular circumstances. Crimes of domestic violence are specifically addressed by immigration laws.  Any noncitizen who commits a crime of domestic violence is deportable.  In addition to the provisions that address domestic violence, immigration laws include other domestic crimes that also result in deportation. If you’re a noncitizen and get convicted of a deportable domestic violence crime, it’s important to get legal assistance as quickly as possible to give yourself the best chance of successfully defending removal proceedings. Pinned-down-300x200

What Immigration Laws Say About Domestic Crimes

How To Improve Your Chances Of Gaining Asylum In The US

Most of the world believes that people should never have to live under conditions in their home countries where they must endure ceaseless harassment or worse and not have adequate protection from it.  Many countries have established procedures for accepting people who have no place to turn in their own countries and are looking for refuge in a safe place.

In the early part of the 20th century, the United States admitted any type of immigrant on a quota basis. The quota system kept out many persons seeking to come to the US for safety including thousands of those terrorized in Germany and Austria during WWII.  However, after the war ended the US established its first formal policies regarding people seeking to enter the US in order to gain protection from the circumstances within their own countries.

The 6 Most Important Things To Know About Deportation Proceedings

If you’re facing deportation, more formally referred to as “removal proceedings,” you may be afraid of being forced to return to the country you left and be forced from the United States which you now consider your home.  It’s important to understand why you may have to leave the US and what rights you have to try and remain here.

In recent times, immigration enforcement has become a government priority.  There is not a day that goes by without some aspect of immigration being discussed in the news.  Having competent legal representation to protect your rights is very important.  This blog is intended to help you understand some of the various aspects of deportation law.

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