Immigration Blog

Wendy Barlow's picture

BIA Expands Use of Divisbility

Criminal convictions can have serious consequences for aliens. When a non-citizen is arrested for any criminal violation, it is important to consult with an experienced immigration attorney especially before accepting a plea bargain. The goal in criminal proceedings is often to minimize the punishment. However, in the immigration context, the initial focus is typically on the language of the criminal statute the alien has been convicted of violating. The immigration courts have adopted two approaches for determining whether an offense prohibited by the criminal statute the alien is convicted of violating comes within a specific ground of removability.

Alexander J. Segal's picture

Tunisia: The Spring Has Passed, But Is It Summer Yet?

Tunisia: The Spring Has Passed, But Is It Summer Yet?

It was in December of 2010 in Tunisia where a popular uprising has ousted a long despised dictatorship, and shortly an avalanche of protests has spread across the Arab world, eventually expelling the once seemingly omnipotent tyrannies in Egypt, Libya, and Yemen. This unprecedented chain of long-awaited change across the region was aptly titled ‘The Arab Spring’, and it continues to reverberate violently in many other nations, including Syria, Bahrain, Algeria and Morocco. Many in the West were initially quite hopeful and enthusiastic about what seemed to be a sudden eruption of popular and pro-democracy resistance to the ruthless tyrants of the Arab world; many, however, remained cautious in their predictions and expectations, arguing that the new victorious forces supported by the populace could not necessarily be that open to modernization and promotion of human rights and freedoms after all.

Alexander J. Segal's picture

The Spring of Violence and Hate: Moldova, Russia, and Ukraine.

This month, ILGA-Europe (The International Lesbian and Gay Association) released its updated Rainbow Map, which grades the countries of the European continent according to their treatment of gay, lesbian, bisexual, and transgender/transsexual persons (LGBT). Moldova, Russia, and Ukraine, received the lowest scores in this comprehensive assessment of the LGBT rights and freedoms in Europe. Or, perhaps, these nations scored the highest in their disrespect and utter disregard for their LGBT citizens’ safety and peace.

Wendy Barlow's picture

AAO Finds Artistic Expression Does Not Need to be Traditional to be "Culturally Unique"

The Administrative Appeals Office (AAO) recently addressed the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers (P-3 Non-Immigrant Visa). The Immigration & Nationality Act (INA) allows for an alien artist or entertainer, who performs individually or as part of a group, to receive a non-immigrant visa if he or she seeks to enter the United States temporarily to perform, teach, or coach a program that is culturally unique. INA §101(a)(15)(P)(iii)(I)-(II). The Federal Regulations define “culturally unique” as “a style of artistic expression, methodology, or medium which is unique to a particular country, nation, society, class, ethnicity, religion, tribe, or other group of persons.” 8 C.F.R.§214.2(p)(3).

Wendy Barlow's picture

Syrians Can Seek TPS

The Bureau of U.S. Citizenship & Immigration Services announced Temporary Protected Status (TPS) Designated for the Syrian Arab Republic. This allows eligible Syrian nationals (and persons without nationality who last habitually resided in Syria) in the United States to apply for Temporary Protected Status (TPS). This means that Syrians will not be removed from the United States, and may request employment authorization.

Alexander J. Segal's picture

Bad News from Belarus. Again.

To tell you the truth, I do not remember reading ANY good news from Belarus since December of 2010 when Aliaksandr Lukashenka has re-elected himself for yet another term in the office. These two developments, however, seem particularly troubling for the Belarusian citizens who attempt to escape the ruthless dictatorship imposed upon them.

Alexander J. Segal's picture

Russia’s War on Business, Small and Large.

According to Masha Gessen, a renowned journalist and author of the new biography of Vladimir Putin titled “The Man Without a Face: An Unlikely Rise of Vladimir Putin”, about 15% of the current Russian prison population is comprised of the small and middle-size business owners who were thrown to jail by the corrupt authorities who either had direct interest in their enterprises or were refused the bribes they have coerced from the entrepreneurs for their assistance.

Alexander J. Segal's picture

New Rules - New Hopes

After the reports of the particular hardships faced by the LGBT applicants for asylum in the United States have surfaced in the media, and while the situation with the LGBT rights and freedoms continues to deteriorate in many parts of the world, the Obama administration has issued new rules, which, hopefully, will make the perilous journey of the persecuted LGBT persons towards safety in the United States a little easier.

Alexander J. Segal's picture

The List of Pain and Shame: State-Sponsored Homophobia Around The World

At least 86 member states of the United Nations still criminalize consensual same sex acts among adults. Among those, 7 have legal provisions with death penalty as punishment. If you identify yourself as gay, lesbian, bisexual, or transgender/transsexual, and if you are a citizen of one of the countries listed below, you may be eligible for asylum in the United States. As an applicant for asylum, you will need to explain your fear of prosecution and persecution in your homeland on account of your sexual orientation and/or gender identity.

Alexander J. Segal's picture

No Love From Russia - If You're Gay

On March 7, 2011, the governor of Saint Petersburg, Russia’s second-largest city and (once) its most civilized, Westernized, and tolerant metropolis, signed into law the bill against “propaganda of pedophilia, homosexuality, lesbianism, and transgednerism to minors.”  When introduced to the Saint Petersburg legislative assembly in the fall of 2011, this infamous bill has caused international uproar among LGBT activists and human rights defenders. Several international petitions with hundreds of thousands of signatures were delivered to the Petersburg’s law makers, asking them to abandon the draconian measure which was to restrict the freedom of expression for the city’s already embattled LGBT community, as well as further deprive gay, lesbian, bisexual, and transgender residents of Saint Petersburg of their human dignity by equating their life styles to those of criminal sexual offenders such as pedophiles. The majority of the law makers, most of them members of Vladimir Putin’s United Russia party, ignored these pleas, and adopted the law which was cheered by the officials of the Russian Orthodox Church (ROC) and, even more frighteningly, by some of the federal officials, who suggested that such a measure could also be implemented on a national level.

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