Guidance and Future Reference
Below is a list of articles written by Richard Herman that would give you the best understanding of litigation, immigration, documentation and even videos explaining how the litigation system works. If you have any questions regarding a case, please do not hesitate to call today at 1 (800) 808-4013.
What happens if my I-751 was denied?
Once you have filed your I-751 petition to remove conditions on your permanent residency, the USCIS will mail you a letter stating its approval or denial. If denied, the message will state the reasoning for the decision accompanied by a Notice to Appear (“NTA”) in the immigration court for removal proceedings. Once you are placed in deportation, remember you must attend your hearing. However, you should view this procedure as a chance for your case to be fully heard and given a second opportunity to get your conditional status removed.
A Brief Overview of the Deportation (Removal) Process
Although the issuance of visas is partly the responsibility of US embassies and consulates overseas, deportation is an internal matter because it concerns non-US citizens who are present in the United States. Accordingly, the initiation of deportation proceedings is handled by the Department of Homeland Security, primarily through its subdivision Immigration and Customs Enforcement (ICE). Appeals to the US federal court system are sometimes available.
EB-2 Visas for Aliens with Advanced Degrees or Exceptional Ability
There are two distinct reasons why hundreds of thousands of foreigners seek to immigrate to the United States every year: (1) to unite with their American loved ones; and (2) to achieve the “American Dream” through employment and hard-work. This article will focus on the latter, and in particular, a sub-section of the vast area of permanent employment-based immigration.
Form I-944, the Declaration of Self-Sufficiency
The Declaration of Self-Sufficiency, Form I-944, is a new form that the USCIS requires applicants for permanent residence to submit. It is designed to allow immigration authorities to determine whether you are likely to become a “public charge” in the future (a “public charge” is someone who relies primarily on government benefits to support themselves). Anyone who the USCIS believes is more likely than not to become a public charge in the future will be denied permanent residence.
Proving Extreme Hardship for an I-601 or I-601A Waiver of Inadmissibility Application
Certain people can be barred from re-entering the US for various reasons – overstaying their visa for at least six months, multiple criminal convictions, etc. If such a bar is placed on you, you are in a difficult situation – if you are outside the US you will find yourself unable to return, while if you are inside the US you will find yourself unable to leave without facing a bar on re-entering the US, even if you are issued an immigration visa at a US embassy overseas.
Immigration Bond Hearing
At the bond hearing, the ICE attorney will show the judge everything that is on a detainee's criminal record and immigration history.
Pitfalls for the Unwary: Mistakes that Could Delay or Even Doom Your I-601A Waiver Application
It would be unfortunate if your I-601A application were to be refused due to a simple mistake or oversight. In most cases, such a mistake will result in a significant delay in the processing of your application. In more serious cases, you could end up stuck overseas with no way to return. Following is a list of some of the most common easily avoidable mistakes that people often make when filling out the I-601A application
DHS Proposes New Rule, Terminating Long-Standing Flores Settlement Agreement
On August 21, 2019, the Department of Homeland Security (“DHS”) announced its final rule proposing changes to current standards and procedure of migrant detention. In 1997, Flores set a nationwide policy for treatment of immigrant children in government custody. The agreement established a 20-day limit for detaining children. Under the final rule, the DHS removes the limitation, permitting indefinite detention of minors with their families.
