Expedited Removal occurs when Aliens entering the United States are removed at the Border by Low Level Immigration Officers. There are no formal Removal Processes before an Immigration Judge. There is virtually no opportunity to collect evidence, or consult with an attorney, family member, or friend before the decision is made. Aliens are detained until …
Withholding of Removal is similar to the relief of Asylum in that it is a form of relief granted to someone who fears persecution in their home Country on account of a protected class such as race, religion, nationality, membership in a particular social group, or political opinion. See INS v. Stevic, 467 U.S. 407 …
Under President Trump’s Asylum Ban, anyone who entered the United States through Mexico on or after July 16, 2019 is ineligible for Asylum. To be eligible, they must first apply for Asylum in Mexico and received a denial. This means that the majority of Non-Mexicans, including those individuals from China smuggled through the Southern Border, …
The right to counsel holds true in proceedings before the Immigration Courts. The Due Process clause and the Immigration and Nationality Act afford an alien the right to counsel of his own choice at his own expense. 8 U.S.C. § 1362. Importantly, the Due Process provides the right to a fundamentally Fair Hearing. Immigration Judges …
Earlier we discussed the categorial approach Courts employ to determine whether a crime is one involving moral turpitude (CMT). We also explained that if the State definition of a CMT is not sufficiently similar to the generic Federal definition of a CMT, additional analysis would be necessary. One analysis the Courts employ is the modified …
Previously we explained the general definition of what constitutes Crime of Moral Turpitude (CMT) under the Immigration Laws. Courts will generally employ the “Categorical Approach” to determine whether a criminal conviction triggers deportation. Under this approach, one compares the generic, Federal definition of the CMT with the State Specific definition of the CMT. Specifically, Courts …
Have you ever committed a crime that rendered you inadmissible to the United States? For example, have you been convicted of any crimes of moral turpitude? Have you subsequently been removed from the United States? If not, are you now seeking to adjust your status but are unable to do so? Did you know that …
Processing of your Adjustment of Status Application proceeds along the following lines: Submission of relevant USCIS Adjustment of Status Forms USCIS sends out Receipt Letter USCIS schedules a Biometrics Appointment If any Interviews are required, USCIS will schedule one with a Notice of Action Letter If approved, USCIS will notify you in writing. It is …
To lodge a successful Adjustment of Status Application, one must file the following forms: The I-130 Petition The I-485 Beneficiary Application The I-864 Affidavit of Support The I-765 Application for Employment Authorization The I-131 Application for Advanced Travel Document Filing fees can increase or decrease depending on the situation. Generally, one must pay $535 for …
A crime of moral turpitude has been defined by the Board of Immigration Appeals as crimes contrary to the rules of morality and the duties owed between persons or to society. In the Matter of Franklin 20 I&N Dec. 867 (B.I.A. 1994). These crimes “typically involve rather grave acts of baseness or depravity such as …
