Immigration Lawyer Blog

CRIMES THAT CAN GET YOU DEPORTED

Published on: May 19, 2021 | By BestImmigrationLawyer.com

Crimes That Can Get You Deported

If you are an immigrant in the United States, you’re subject to the basic criminal laws that apply to everyone else and also federal immigration laws which have their own definitions of criminal behavior. Thus, a criminal conviction carries much more significance for an immigrant than a United States citizen. What are crimes that can get you deported?

The main penalty under immigration laws for a qualifying criminal conviction is deportation (i.e. “removal”) from the United States. All deportations occur through the immigration courts and require adjudication by an immigration judge.

MIGRANTS FROM VENEZUELA GET TEMPORARY PROTECTED STATUS FROM BIDEN ADMINISTRATION

Published on: April 7, 2021 | By BestImmigrationLawyer.com

Migrants From Venezuela Get Temporary Protected Status From Biden Administration

Just this past month, migrants from Venezuela get temporary protected statue from the Biden Administration. March 2021, President Biden made good on his campaign promise and granted temporary protected status (TPS) to the more than 300,000 Venezuelans currently living in the United States. Venezuela has been in political and economic turmoil since current president Nicolas Maduro took over in 2013. The government in Venezuela is regarded as corrupt and crime and poverty are rampant. People have been fleeing the country in huge numbers. In fact, about 5 million of the country’s 28 million people have already left and the situation doesn’t look to get better any time soon.

Persons in the United States from Venezuela who are eligible for TPS have until September 5, 2021 to register for relief with the government. Applicants must show they have been physically present in the United States since March 9, 2021. TPS will be good through September 9, 2022.

FEDERAL COURT DECIDES AGAINST “THE PUBLIC CHARGE RULE”

Published on: March 17, 2021 | By BestImmigrationLawyer.com

Federal Court Decides Against “The Public Charge Rule”

In December of 2020, the United States Court of Appeals for the Ninth Circuit (^th Circuit) ruled against the “Public Charge” rules initiated by the Trump administration. Many critics argued that the new regulations essentially amounted to a “wealth test” for immigrants seeking a green card or entrance into the United States. Many states also argued that it would discourage immigrants from seeking public assistance when needed, thus overburdening states.

The changes to the public charge rule were enacted to make it more difficult, if not impossible, for an immigrant using certain public resources to get a green card or gain admission into the United States. The Trump Administration “changed” the public charge rules by expanding the meaning of a “public charge” to include non-cash public benefits that were not previously considered.

THE I-130 PETITION, USE IT OR LOSE IT.

Published on: February 26, 2021 | By BestImmigrationLawyer.com

An “I-130,” otherwise more formally known as a “Petition for Alien Relative,” is the preliminary document that starts the immigration process for a relative to get legal status in the United States. An I-130 petition or family-based petition can be sought by a child, spouse, brother, sister, or a parent.

When filing for a family member, whether as an immediate relative or under a family-based preference category, it’s important to remember that there’s a deadline to apply for a “green card” after the I-130 is approved. It’s also important to understand the general process, especially when adjusting status (interviewing in the U.S.) versus consular processing (interviewing at a U.S. consulate).

Waiting for a Visa Number

HOW THE COVID-19 PANDEMIC IS CAUSING A RISE IN HABEAS CORPUS LAWSUITS BY IMMIGRATION DETAINEES

Published on: February 1, 2021 | By BestImmigrationLawyer.com

As schools close and streets empty, the COVID-19 pandemic is testing the limits of modern society. The virus poses a unique threat to incarcerated individuals (including those held in immigration detention facilities) who are at increased risk of serious illness or death due to the coronavirus. As the virus spreads, lawyers across the United States have been filing habeas corpus lawsuits challenging the weak response of Immigration and Customs Enforcement (“ICE”) to the spread of the virus.

Habeas Corpus Lawsuits During COVID-19

Immigrant child with mask
Habeas corpus is an ancient legal doctrine dating back to the signing of the Magna Carta in England in 1215 that stands for the proposition that the government cannot imprison a person indefinitely without showing cause for such detention.

FEDERAL JUDGE ORDERS TRUMP ADMINISTRATION TO PROCESS VISAS FOR LOTTERY WINNERS

Published on: January 27, 2021 | By BestImmigrationLawyer.com

Girl waving US Flag
On September 4, 2020, in a case styled Gomez v. Trump, the United States District Court for the District of Columbia granted a legal challenge to the Trump Administration\u2019s decision to deny visas to persons who won the right to apply for lawful permanent resident status in the United States through the diversity visa lottery program. In the ruling, the court directed the Trump Administration to immediately process the visa applications of all persons that were selected under the lottery program in 2020. The decision marks a significant victory for winners that were previously notified by the Trump Administration that their applications for a green card would be denied.

What Is the Visa Lottery?

The diversity immigrant visa program, also commonly referred to as the “green card lottery,” is a government program that randomly selects applicants (winners) who apply through a lottery program for the right to permanently live and work in the United States. The program is administered through the United States Department of State and was established through the Immigration Act of 1990.

PRESIDENT BIDEN AND IMMIGRATION – BIG CHANGES COMING

Published on: January 2, 2021 | By BestImmigrationLawyer.com

Biden for President
With the 2020 election having just ended and with former Vice-President Joseph Biden appearing to be headed towards victory as the next President of the United States, many immigrants might be wondering what it all means for them. Given the stark political contrast between Mr. Biden and soon to be former President Donald Trump, the impact of this election upon the lives of millions of immigrants and non-immigrants alike will undoubtedly be profound.

During the past four years President Trump made a restrictive immigration policy the cornerstone of his administration. There was not a week that went by during the Trump Administration when there was not some news about an initiative or policy intended to restrict or curb immigration to the United States. President Trump’s Senior Advisor on immigration policy, Stephen Miller, proclaimed a second term for Trump would mean a much more aggressive immigration policy. With the results of the 2020 election favoring a President Biden, it appears Mr. Miller’s hopes will be dashed.

PATHWAY TO CITIZENSHIP FOR “DREAMERS”