FREQUENTLY ASKED QUESTIONS
When someone is applying to become a permanent resident, the person must establish that they are “admissible” as defined in the Immigration and Nationality Act Section 212 (INA Section 212). For INA Section 212 purposes, admissible means legally eligible to be “admitted” to the US, such as on a visa. It also means eligible to…
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The United States Citizenship and Immigration Services periodically adjusts its application fees. Often, fee changes take place at the beginning of the next fiscal year, which begins in October. However, that’s not always the case. Because these fees are subject to change, it’s best to check with the USCIS website to determine the current filing…
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After 9 years of having the DACA program in place, a federal judge has chosen now as the right time to determine that when it was put in place 2 presidents ago, the rules were not properly followed in starting the program. Frankly, it’s inexplicable. If this were an issue, it should have come up…
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Recently, USCIS announced a major change in policy related to applications to change status from any other immigration status to F-1 student status. Change of status is a technical process managed by the US Citizenship and Immigration Services agency of the Department of Homeland Security in which a person who came into the US on…
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The US Attorney General has issued a decision restoring Administrative Closure as a tool for Immigration Judges to use in removal proceedings to effectively manage their dockets. With this decision, along with the recent memorandum restoring prosecutorial discretion to the ICE Office of the Chief Counsel, the deportation authorities again have the power to control…
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Domestic violence and gang violence are rampant throughout the world, particularly in Central America. Governments there either don’t care, are too corrupt, or are incapable of addressing these serious issues. Women and children in particular are targets for physical and sexual abuse and marginalization and have nowhere to turn for protection from maltreatment. Often they…
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The US Supreme Court recently issued a decision on the matter of Adjustment of Status eligibility for people who have Temporary Protected Status. Here is the link if for those of you who would like to read it: https://www.supremecourt.gov/opinions/20pdf/20-315_q713.pdf In Sanchez v. Mayorkas, the Supreme Court held that a person who has been granted Temporary…
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When a country is facing challenges, such as armed conflict or a natural disaster, the United States may designate that country for Temporary Protected Status (TPS). The designation is made for the benefit of citizens of those nations when those citizens cannot return safely, or the countries cannot handle the return of their citizens. It’s…
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There has been a lot of talk about the Biden Administration providing amnesty benefits to people living in the U.S. illegally. This rumor has motivated me to write an article on the subject of amnesty and how the U.S. government system works to check the powers of the various branches of the federal government. What…
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Many people come to the United States for the purpose of seeking protection from persecution in their countries of nationality. To pursue that protection, a person must file an I-589 Application for Political Asylum. For an application to be arguable, the applicant must be able to prove that they are at risk of being persecuted…
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