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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”

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What’s The Difference Between A Green Card And A Visa?

This a question that gets asked often and is based upon a certain amount of confusion.  The starting point for alleviating the confusion and understanding the key differences between a green card and a visa is understanding that the entire American immigration system is based upon only two categories of persons: immigrants and non-immigrants.

What Is A Visa And Who Can Get One?

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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?

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The P Visa Admits Athletes, Artists And Entertainers

The Immigration Act of 1990 added the “P” class of visa to the Immigration and Nationality Act (INA).  The “P Visa” is a non-immigrant, limited duration visa that allows persons with high-profile international careers in sports and the arts or entertainment to compete or perform in the US.

Persons who wish to apply for a P Visa must meet certain qualifications to establish their level of international acclaim and, if approved, are then able to apply for the appropriate P Visa.

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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

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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.

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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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How can ICE keep detaining and deporting US citizens?

A person with legal US citizenship status cannot be deported – yet it happens. There are numerous cases where Immigration and Customs Enforcement (ICE) has caught wrongly detaining  and deporting many persons who were, in fact, lawful US citizens. Although individual rights can be significantly affected under immigration laws, constitutional legal protections are not guaranteed when a person faces detention and deportation under immigration laws. Serious reforms are needed in order to better protect those vulnerable to the often random enforcement and largely unchecked deportation authority wielded by ICE.

Why Are US Citizens Being Deported?

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Did the Supreme Court make deportation for “Crime of Violence” less likely?

In a case entitled Borden v. United States, the United States Supreme Court (SCOTUS) recently clarified the level of mental awareness that persons must have in order to be convicted under the Armed Career Criminal Act (ACCA). In that case, the Court was interpreting the meaning of the language used to describe the commission of a “violent felony” under the ACCA (a federal statute).

While SCOTUS was not ruling on an immigration law specifically, the language that was being interpreted was very similar to language used in immigration laws to describe criminal behavior that can result in deportation. Therefore, the Court’s ruling may have applicability in immigration deportation proceedings where a noncitizen is being deported for committing a crime of violence.

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Is the US boarder still closed to Canadians?

Starting approximately March 2020, the United States and Canada agreed to restrict border crossings for all nonessential travel in an effort to curb the spread of Covid-19 between the two countries. Canada’s ban included travel by air, land, and sea. Interestingly, the US never banned Canadians from flying to the US. But the question still lays, is the US border still closed to Canadians?

On August 9 Canada reopened the border to US residents who have been fully vaccinated and provide results of a Covid-19 test taken within 72 hours of arrival. The US, however, did not respond in kind. In fact, the Department of Homeland Security (DHS) extended the restrictions until October 21, 2021. The US ban applies to land ports of entry, passenger rail, ferry terminals, and pleasure boats. The ban does not apply to air, freight rail or sea travel.

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