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Cancellation of removal

Cancellation of removal granted for lawful permanent resident with several convictions, including fraud and drug convictions.  Client can now apply for U.S. citizenship after living in the U.S for nearly 30 years

Cancellation of removal

What an experienced deportation lawyer can do for you

Removal

Removal proceedings

Motion to reopen filed 6 years after I-130 denial approved by USCIS in Santa Ana, CA

Motion to reopen filed 6 years after I-130 denial approved by USCIS in Santa Ana, CA. Client can now apply for residency, through his sister’s petition, in 3 years rather than having to refile and wait 13 years

Approved I-130

Form I-130

Filing I-130 online

Application for I-130

Serving the NTA

Where the Department of Homeland Security seeks to re-serve a respondent to effect proper service of a notice to appear that was defective under the regulatory requirements for serving minors under the age of 14, a continuance should be granted for that purpose. Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013), followed.

Defective NTA

Deficient NTA

NTA meaning

Our Immigration Law Firm

USCIS publishes interim rule on T nonimmigrants

Regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status, in order to respond to public comments on the initial 2002 T visa rule and conform with legislation that has since been passed. The interim rule will take effect on January 18, 2017. Comments on the amendments to Form I-914, Application for T Nonimmigrant Status, are due by January 18, 2017; other comments are due by February 17, 2017.

Form I-129

K-nonimmigrant

Nonimmigrant admissions

Nonimmigrant waiver by US Immigration Attorney

K4 return to home is invalid

The Third Circuit reversed the BIA and remanded, holding that 8 CFR §245.1(i), which effectively bars K-4 visa holders who were between 18 and 21 years old when their parent married a U.S. citizen from obtaining lawful permanent residence without first returning to their home country, is invalid, because it is “manifestly contrary” to the INA. Accordingly, the court found that the petitioner, a K-4 visa holder who was 19 years old when her mother married a U.S. citizen, was eligible to adjust her status to that of a lawful permanent resident.

K-4 visa

K-4 visa meaning

Immigration Lawyer near me

Our Immigration Law Firm

Haitians might be able to get reunited into the U.S.

USCIS notified stakeholders that on June 3, 2016, with the help of the National Visa Center (NVC), it issued the third round of invitations to apply for the Haitian Family Reunification Parole (HFRP) Program, which allows certain eligible Haitian beneficiaries of family-based immigrant visa petitions approved on or before December 18, 2014, to be paroled into the United States up to approximately two years before their immigrant visa priority dates become current. The invitations include instructions on how eligible petitioners can apply for the program.

Family based Immigration

Family based visa

Family petition

Family and employment based applicants on the rise

Reuters: Here’s How California Plans to Fight Donald Trump’s Immigration Plans

Reuters reports that on Monday leaders of both houses of California’s legislature introduced two bills to protect undocumented immigrants in the state from efforts to deport them once President-elect Donald Trump takes office on January 20, 2017. One measure would set up a fund to pay for lawyers for immigrants facing deportation. The other would train criminal defense attorneys in immigration law. “Immigrants are a part of California’s history, our culture, and our society,” stated Assembly Speaker Anthony Rendon. “We are telling the next administration and Congress: If you want to get to them, you have to go through us.”

Illegal Immigration

Trump and Immigration

Trump executive order

Illegal aliens

https://californiaimmigration.us/petty-theft-exception-for-illegal-immigrant/

BALCA overturns Denial main

Applying the reasoning from Matter of A Cut Above Ceramic Tile, BALCA reversed the Certifying Officer’s denial of the labor certification, finding that an employer is not required to retain or provide proof of publication of its State Workforce Agency (SWA) job order which can be sufficiently documented by listing the start and end dates of the job order on the ETA Form 9089.

Labor certification

Board of alien labor certification appeals

PERM labor certification application

PERM process

Labor certification appeal granted

Former Immigration Judges and BIA Members Slam DHS on Immigration Detention System

On October 31, 2016, former Immigration Judges and BIA members sent a letter to DHS Secretary Jeh Johnson to express concern and disappointment regarding the dramatic increase in the numbers of men, women, and children detained by ICE, stating, “On the basis of our experiences as immigration jurists, we know this expansion comes at the expense of basic rights and due process.”

BIA

Appeal to BIA

Board of Immigration Appeals

BIA deference given to particulary serious crime

U.S. News and World Report: Supreme Court to Consider Indefinite Detention for Immigrants

This U.S. News and World Report article reports that the U.S. Supreme Court will hear arguments on Wednesday over whether immigrants facing deportation can be detained indefinitely for months or even years without a hearing. The case, Jennings v. Rodriguez, could have broad implications for President-elect Donald Trump’s proposals to step up immigration enforcement and ramp up deportations. If the respondents prevail, the Supreme Court could require mandatory bond hearings for detained immigrants nationwide. If the government wins, however, tens of thousands of people could be exposed to potentially indefinite periods of immigration detention.

Attack on immigrants

Central American Immigrants

Immigrant questions

Information regarding filing complaints of discrimination, civil rights violations and racial profiling towards immigrants