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The ugly truth about asylum

Let me start off by saying that I have never filed an asylum application in my entire legal career. I have always had an issue with taking money from a potential client knowing that their story was identical to the thousands before, and likely over exaggerated. This is not to say there are not tens of thousands of Indian nationals who suffered atrocities inflicted by the government and police in the same manner many refugee-seekers claim, however, this article isn’t for them. I suppose my reluctance in taking an asylum case stemmed from the fact that I knew there were attorneys...

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What is an Immigration Bond?

An immigration bond is an amount set by Immigration agents or an Immigration Judge that a person must pay before being released from immigration detention. The bond helps guarantee that the person released from detention will show up for all of his or her immigration court hearings, report to Immigration if asked to do so, and leave the United States if the Immigration Judge orders deportation at the end of the case. If the person bonded out fails to do these things, the bond money is forfeited and the government keeps it. An immigration bail bond, technically a “surety bond”, the...

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Getting a Waiver of the Requirements to File a Joint Petition

If you are unable to file a joint petition with your U.S. spouse to remove the condition of your residency after getting your green card through adjustment; either because of divorce or because he or she died or refuses to cooperate, you must then file for a waiver of the requirement to file the joint petition. This waiver will be granted in only three circumstances:  You entered into a good faith marriage but the marriage is legally terminated (death or divorce)  Your deportation will cause you extreme hardship and the marriage was originally entered into in good faith, or  You...

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The N-336 and the dreaded marriage fraud allegation

This blog is written for those who obtained their permanent green card after the conditional period and then filed for divorce. Every month our law firm gets the following fact pattern from our potential clients: I was going in for my Naturalization interview and after passing my test the interviewing officer started asking me about my prior marriage. I did not know why they started asking detailed questions about my ex-spouse and the day I separated from them. The officer asked detailed questions about my divorce and whether we had any children or assets together. After the interview I was told...

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I-601A Provisional Waiver

The absolute number one question I receive as an immigration attorney from my Mexican clientele is: “I am a U.S. Citizen but my spouse came here illegally several years ago. How do I get them legal?” The answer always was: you can apply for the family member now but they would have to go back to Ciudad Juarez, file a hardship waiver, and then wait for approximately six to eight months for approval. However, if that hardship waiver is denied in Mexico, then the family member is stuck there and cannot sneak back or they will face a permanent bar. Usually this quick...

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Preference Relatives defined

For immigrants that live outside of the United States, if you have a close family member in the United States, they may, if they are willing, be able to help you immigrate. The most important aspect to consider is what relation they are to you. The closer the relation, the more rights you have under immigration laws. You may qualify for a green card through relatives if you fall into one of the following categories: Immediate relative of a U.S. citizen Preference relative of a U.S. citizen or green card holder   You may qualify for a green card through relatives if you...

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