Voluntary Departure
Voluntary departure permits an alien in removal proceedings a certain amount of time to leave the United States at his or her own expense, instead of being removed by the government. This is a very important benefit which an alien in removal proceedings should always consider since under the law, an alien who is physically…
Visa Waiver Permanent Program
The Visa Waiver Permanent Program (VWPP) enables citizens of certain participating countries to enter and visit the U.S. for business or pleasure without the necessity of obtaining a B-1 or B-2 Visa. The countries which have been designated are:Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan,…
V Visas
If you are the spouse or unmarried child (under 21) of a permanent resident who has filed a petition to sponsor you and your petition has been pending with the INS for more than 3 years, you may be eligible to obtain the new “V” category visa. In order to qualify, you will have to…
Section 245(i) of the Immigration and Nationality Act
Section 245(i) is a very important part of US immigration law. It allows certain eligible aliens who are in the US to apply for permanent residence by excusing certain immigration law violations that would otherwise prevent them from doing so, such as in the case of someone who overstayed their visa or entered without inspection….
TPS FOR HAITIANS
In response to the devastation caused by the earthquake in Haiti on January 12, 2010, the Obama administration announced that Haitians in the United States as of that date would be allowed to apply for Temporary Protected Status (TPS). The initial period of designation is for 18 months, with further extensions that may be granted…
Temporary Protected Status
Persons who are from certain designated countries which are experiencing war, extreme civil strife, or natural disasters may be eligible for Temporary Protected Status (“TPS”). In short, TPS grants a safe haven to such persons who are in the U.S. until the conditions have improved in their home country and it is safe for them…
Summary Removal Procedures
The deportation process has changed significantly over the past two decades, principally as a result of the Summary Removal Procedure that was enacted by Congress as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA”). Today, over two-thirds of non-citizens who are deported from the U.S. are deported under the Summary…
Returning Residents
If you are a permanent resident alien returning to the United States after a visit abroad, you must “apply for readmission” at the port of entry upon your return. Although in practice, this only involves presenting your Alien Registration Receipt Card (green card) to the immigration authorities at the port where your reenter, as a…
REQUEST FOR EVIDENCE (I-797E)
After filing an application or petition for immigration benefits, USCIS will often respond by sending the applicant/petitioner an I-797E Request for Initial Evidence (RFE) form. As the name suggests, by doing so, USCIS is asking the applicant/petitioner to provide (more) evidence in support of the application or petition that has been filed. In accordance with…
Removal (Deportation) Proceedings and the U.S. Immigration Court
Removal (formerly known as “deportation” or “exclusion”) is an administrative legal process which takes place before a U.S. Immigration Judge in which a determination will be made as to whether an alien will be permitted to remain in the U.S. A removal proceeding is initiated by the service of a “Notice to Appear” (Form I-862)…
