Good news for TPS and adjustment of status

Here’s the scenario: A person has temporary protected status (TPS).  However, before getting that status, he accrued more than one year of unlawful presence in the U.S.  With TPS, he can travel internationally if he applies and received advance parole.  However, if he leaves the country, he will trigger the 10-year-bar.  This bar is triggered […]

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I-601 Hardship Waivers: What’s the Buzz All About?

Recently, U.S. Citizenship and Immigration Service (CIS) announced a new policy for I-601 hardship waivers. This has been getting a lot of buzz recently.  I have gotten several calls to my law firm because of the announcement. This topic usually comes up while answering one of the more common questions undocumented people might have.  “I’ve […]

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Interesting issues with Temporary Protected Status

Recently, I encountered two issues with an area of law that I was formerly rather unfamiliar with – Temporary Protected Status. For the uninitiated, TPS is a form of status for individuals from certain countries that are suffering from natural disasters, civil wars, and other extraordinary circumstances. Because TPS is only intended for temporary relief, […]

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DHS’s new policy is not unconstitutional

DHS recently informed the public of a new policy to review the 300,000 deportation cases currently in the system and close those that are considered low-priority. Some have claimed that President Obama has used this new policy to go around Congress, thereby making his action unconstitutional. However, the process that DHS is using to close […]

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What’s new with same-sex couples and immigration

I recently gave a short presentation on this topic at a law school club meeting. First, an immigration judge in New York suspended the deportation of the same-sex spouse of an American citizen so that the couple could challenge the constitutionality of DOMA. Currently, the federal government does not recognize same-sex marriages performed in states […]

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Arizona is at it again

Some state legislators are trying to push through legislation that would prohibit those born in this country to parents that are neither US citizens or lawful permanent residents from gaining citizenship. Some experts are arguing that the 14th Amendment, which gives citizenship to everyone born in the US, was only meant to clarify that former […]

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The states figure out for themselves why the federal government is selective about immigration enforcement

I just read an article attached below. After Arizona passed its controversial immigration legislation, several states jumped on the boat and drafted copycat legislation. However, most of these bills have been abandoned or redrafted or are just not faring well. The reason – state budgets! It costs a lot of money to enforce immigration as […]

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Deportation Action Plans

I recently heard a story on NPR concerning “deportation wills.” When someone is deported, he may have substantial assets that need to be disposed of appropriately. For example, someone may own a house, a car, a business, some real estate. He may have children. A deportation action plan is a combination of legal instruments designed […]

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