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A Look Back at the Recent History of Immigration Laws

The United States recently celebrated the 92nd anniversary of an infamous and controversial Immigration law, which thankfully, has since been replaced with an improved system. Although Immigration Laws in this country can be quite complicated and difficult to navigate at times, it is good to look back and remember how far our country has come […]

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| Posted in U.S. Immigration |

What Power Does the President Actually Have Over Immigration

Donald Trump, the presumptive Presidential nominee for the Republican Party has called for a ban on certain immigrants entering into the country on several occasions. Trump first proposed a temporary ban on Muslims entering the country after the terrorist attack in San Bernadino, California. More recently, he has stated that he wishes to restrict immigration […]

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| Posted in Citizenship, Executive Action, U.S. Immigration |

Executive Orders Under Review

In 2012 immigrants who arrived in the United States as children found relief from deportation under the new guidelines for the Deferred Action for Childhood Arrivals (DACA) Program.  The 2012 guidelines came in the form of an Executive Order by President Obama.  Similarly, he implemented the Deferred Action for Parents of Americans and Lawful Permanent […]

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| Posted in DACA, EAD, Employment Authorization, Executive Action, Inadmissibility, Students, TPS, U.S. Immigration, USCIS, Waivers |

Using K1 Fiance Visas to Help You and Your Loved Ones

K-1 visas, or fiancé visas as they are frequently referred to, are one of the tools utilized to bring loved ones into the country if they are not already related to you.  The purpose of  K-1 visas, according to United States Citizenship and Immigration Services (USCIS) is “to bring a foreign national fiancé(s) living abroad […]

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| Posted in Consular Processing, Employment Authorization, Fiance Visa, U.S. Immigration |

Can a Green Card Holder Use State-Legal Medical Marijuana

Over the last decade or so, twenty five states and Washington, D.C. have legalized medical marijuana (also known as cannabis) in some capacity. This includes several of the states with some of the largest immigration populations, including California, New York, and Texas. Four states and D.C. have even legalized the recreational use of marijuana. However, […]

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| Posted in Green Card, U.S. Immigration |

Green Card Holders Can be Deported for Committing Minor Offenses Even After Serving Their Time

Many green card holders do not realize that under U.S. law, even after they serve their time and punishment for felony offenses committed, they could be arrested and deported from the country.   The applicable law, the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, among other things, expanded classes of deportable aliens to include […]

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| Posted in Green Card, Inadmissibility, U.S. Immigration, Visa Waiver Program, Waivers |

Parole in Place for Immediate Relatives of Active Duty Military US Citizens

  Thousands of U.S. citizens serving active duty in the Armed Forces have spouses, children or parents who are undocumented. The USCIS and the Department of Defense recognized that their family’s immigration status may result in stress and anxiety  either in active service or as veterans. In response, Congress, the Secretary of Homeland Security, and […]

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| Posted in Advance Parole, DACA, DOMA, EAD, Employment Authorization, Executive Action, Green Card, Inadmissibility, U.S. Immigration, USCIS, Waivers |

How the Legalization of Same-Sex Marriage Nationwide Impacted Immigration Law

Almost a year has passed since June 26, 2015, when the United States Supreme Court ruled in Obergefell v. Hodges that the fundamental right to marriage is constitutionally guaranteed to same sex couples. At the time, Justice Anthony Kennedy wrote that gay couples have “the fundamental right to marry.” This is an especially momentous occasion […]

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| Posted in Fiance Visa, Green Card, LGBT, U.S. Immigration, USCIS |

How to Determine Priority Dates Using the Visa Bulletin and USCIS website

Every month, thousands of beneficiaries of an approved I-130 or I-140 petition go to the Visa Bulletin at https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html to see if their priority date is current that month. Prior to 2016, the process was pretty straightforward: 1) Check the priority date as stated on your approved I-130 or I-140 2) Check your preference category […]

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| Posted in Adjustment of Status, Consular Processing, U.S. Immigration, USCIS |

Federal Court of Appeals Rules that Only the Executive Branch Can Correct an Incorrect Naturalization Certificate

The Ninth Circuit Court of Appeals recently ruled that the courts do not have the ability to help a naturalized citizen change her birthdate listed on her certificate of naturalization. In 1965, Yu-Ling Teng first came to the United States on a student visa. At this point, she held a Taiwanese passport that said she […]

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| Posted in Citizenship, Green Card, Naturalization, U.S. Immigration, USCIS |