Grand Larceny not an Immigration Aggravated Felony For years Virginia felony grand larceny was deemed an aggravated felony for Immigration purposes, which means most likely a person with this conviction would be removed or would not be allowed to receive almost any immigration benefit. On December 23, 2014, the Fourth Circuit Court of Appeals which issues controlling decisions for Virginia, […]
On November 20, 2014, President Obama addressed the nation on steps he is taking to fix the broken Immigration system in light of Congress’ failure to act. The main provisions that have been announced so far and details about who qualifies and when are as follows. DAP (Deferred Action for Parents) – Available approximately June 15, 2015 An undocumented person who […]
The Board of Immigration Appeals (BIA) clarified that a foreign national does not need to rescind a prior removal order if a foreign national seeks to file for asylum based on changed country conditions in the foreign national’s home country. Normally, an individual who has an outstanding order of removal (deportation) first files a motion to reopen with the Immigration […]
Legal Immigration Status for Military Family Members If you are the spouse, parent, or child of an active duty or retired member of the Army, Marines, Navy, Air Force, Selective Reserve of the Ready Reserve, then you can obtain legal status. This concept has been around quite a few years but was clarified recently to implement a uniform policy across […]
Friends, we started an online petition on a great website called www.change.org. In the aftermath of Super Typhoon Haiyan that devastated the Philippines and took the lives of thousands, we want President Obama and the Department of Homeland Security to designate Temporary Protected Status (TPS) to the Philippines. The United States can grant TPS to a country that faces “extraordinary […]
Welcome Dreamers. We are repeatedly asked by students and young persons who have been granted under the Deferred Action for Childhood Arrivals (DACA or Dream Act as it is commonly referred to) program about traveling outside the United States. As I often answer and have previously blogged about, a DACA applicant must demonstrate that the travel is for one of […]
Since the Supreme Court ruling in United States v. Windsor striking down the Defense of Marriage Act (DOMA) Section 3’s definition of marriage as between one man and one woman, many same-sex immigrant couples have wondered if they can benefit if they live in a state that does not recognize marriage equality. The simple answer is yes! To date and to the knowledge […]
For those of us familiar with Asylum cases, there is much grumbling and moaning when you mention “The Clock.” It can ruin a person’s ability to support themselves and it is unclear when it gets stopped and started or does not run. The “Asylum Clock” (or KLOK as it is also known) is basically the concept that a foreign national […]
We recently received a Deferred Action for Childhood Arrivals (DACA or commonly referred to as the Dream Act) approval for a case I am particularly proud of. Some background first. We had a client who while detained and without a lawyer, was very unfairly ordered removed (deported) by an Immigration Judge. We appealed his case to the Board of Immigration […]
In the United States v. Windsor, the Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. This monumental decision, which was the culmination of years of tireless work by thousands of advocates the world over, opened up the much needed availability of immigration benefits to same-sex couples. USCIS reacted fairly quickly to open the doors […]
