Immigration News

Employer-Employee Relationship in H1B Context

As I answer questions on MyAttorneyUSA, AVVO and LawQA, I frequently run into a situation when I am contacted by an individual who had not been allowed entry into the United States at the airport, despite having had a valid, properly issued H1B visa. Afte

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Immigration Reform – How Will it Happen?

On April 12, 2013, a bipartisan group of eight Senators unveiled legislation that offers the most radical change of the nation’s immigration laws in nearly thirty years. Here is what they propose: At present, there are approximately 11 million illegal imm

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Agreement Reached in National Class Action Lawsuit

Asylum seekers would often fall into a limbo when they had to wait for months until USCIS’s Asylum Office made a decision on their asylum applications. In waiting for the deicision, these potential refugees would not be allowed to work and had to survive

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Bankruptcy and Citizenship

Way too often, I run into a client who asks whether a Legal Permanent Resident is allowed to file for bankruptcy and more importantly, whether doing so would carry negative consequences for their potential bid for the US Citizenship through Naturalization

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Reckless Conduct Due to Intoxication Can Constitute a Crime Involving Moral Turpitude

Criminal convictions can be detrimental to non-citizens; some criminal offenses make a non-citizen ineligible for immigration benefits while others require an alien to file a waiver. A non-citizen who has been convicted of committing a crime involving moral turpitude (also commonly referred to as CIMT) is ineligible to receive a visa and barred from admission to the United States. See INA §212(a)(2)(A)(i)(I). What criminal conduct involves moral turpitude?

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What is a Serious Non-Political Crime?

An alien who may otherwise be eligible for asylum or withholding of removal may be barred from obtaining asylum and withholding of removal when “there are serious reasons for believing that the alien committed a serious nonpolitical crime”, INA §208(b)(2)

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Is Internal Relocation Available to an Asylum Seeker?

An asylum applicant who demonstrates he or she has suffered past persecution is presumed to have a well-founded fear of persecution if forced to return to his or her country of citizenship or last habitual residence. See 8 C.F.R. §1208.13(b)(1). Once the

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