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Learn more about the laws and regulations surrounding US immigration law, so you can stay up-to-date and maintain compliance with ever-changing stipulations and requirements.

Asylum – Wait Times

Vast Differences in Asylum Wait Times In January 2018 USCIS changed its policy on scheduling interviews for affirmative asylum applications.  Their current policy is to schedule for interviews, applications that were filed the most recently – referred to as the “last in, first out” rule.  Previously the agency would interview cases in the order in which they […]

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DUI Convictions – Good Moral Character

DUI Convictions – Good Moral Character: The attorney General recently ruled that evidence of two or more convictions for driving under the influence during the relevant period of Good Moral Character establishes a rebuttable presumption that the alien lacks good moral character during that time.  This came in to play during a Cancellation of Removal […]

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Farm workforce Modernization Act – H2A visas

The farm Workforce Modernization Act of 2019, or H.R. 5038, aims to modernize the H2A system for foreign national farmworkers here in the U.S. The bill contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker (CAW) status and changing the H-2A temporary worker program. The Department of Homeland Security may grant […]

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J-1 Visa

J-1 Visa Exchange Visitor Program By Angela Filippi (Law Clerk) If you are enrolled in a college or university, or you are a graduate, you may be eligible for a J-1 Visa. The J-1 visa gives you the opportunity to intern or get training in the US, for a U.S. company, for a certain period of […]

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Immigrant Petition for Alien Worker (Form I-140)

Q. What steps can I take to ensure that my Form I-140 petition will not be rejected by USCIS? A. Be sure to submit your Form I-140 petition with correct information and well-organized supporting documentation or you petition may be rejected or a final decision can be delayed. Below are tips to ensure that your […]

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H-2A Visa – New Recruitment Requirements

On September 20, 2019, the Department of Labor issued a final rule in the Federal Register modernizing recruitment requirements for the H-2A program. This rule took effect on October 21, 2019. The final rule rescinded the requirement found in 20 CFR 655.151 for employers to place print advertisements serving the intended area of employment, and the content […]

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Bars to Asylum – Seven additional Proposed bars by USCIS and EOIR

USCIS and EOIR joint notice of proposed rulemaking that would add seven additional mandatory bars to eligibility for asylum. The proposed rule would also set forth criteria for determining whether a vacated, expunged, or modified conviction or sentence should be recognized for purposes of determining whether an individual is eligible for asylum, and would remove […]

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USCIS Begins Accepting Green Card Applications under Liberian Refugee Immigration Fairness

USCIS Begins Accepting Green Card Applications under Liberian Refugee Immigration Fairness: U.S. Citizenship and Immigration Services announced that it will begin accepting applications to adjust status to lawful permanent resident from certain Liberian nationals under Section 7611 of the National Defense Authorization Act (PDF) for Fiscal Year 2020, Liberian Refugee Immigration Fairness (LRIF), signed into […]

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U.S. Asylum Law – Changes in the implementation of U.S. Asylum Law

Changes In The Implementation of U.S. Asylum Law U.S. Asylum law is based on common sense of human decency and compassion. At its basic level, to obtain asylum in the U.S. an applicant has to establish that they fear going back to their home country because either they faced actual past persecution, or they have […]

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F1 visas – Options if you have fallen out of status

Options for F-1 Students Who Have Fallen Out of Status  F-1 nonimmigrant visas are used by many to enter and study in the United States.  However, traversing immigration law and the school’s admission system isn’t always easy and sometimes results in the student falling out of status.  However, if this happens, USCIS makes it possible for the […]

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Detention – Immigration

A recent NPR article reported that GEO, a for profit prison company, had renewed a contract with the Federal Government to operate its immigration detention facility in Adelanto, CA.  The contract also provided for an expansion of the facility.  The contract coincides with an increasing detention facility population for those in immigration proceedings. Through this scheme – […]

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