Immigration News Update
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Immigration News Update

Returning To The United States Following Removal

by Norka Schell, Attorney on 06/26/17

Hundreds of thousands of people are deported from the United States every year. Most are unable to return to the United States on an immigrant visa, due to a variety of factors. Some lack a way to obtain a new immigrant visa, and others face grounds of inadmissibility for which they are unable to obtain a waiver.

In some cases, however, a non-immigrant visa may provide a way for a person to return to the United States following removal. If the applicant is able to meet the general requirements for such a visa, a waiver of inadmissibility may be sought under  the Immigration and Nationality Act (INA). Non-immigrant waiver are available for a broad range of inadmissibility grounds. Under certain circumstances, even an applicant with a "lifetime bar" (for example, a former lawful permanent resident deported due to an aggravated felony conviction) may obtain such a waiver.

 

 

Rescission of Memorandum Providing for Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”)

by Norka Schell, Attorney on 06/16/17

Release Date: 
June 15, 2017

On June 15, Department of Homeland Security Secretary John F. Kelly, after consulting with the Attorney General, signed a memorandum rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) because there is no credible path forward to litigate the currently enjoined policy. 

The rescinded memo purported to provide a path for illegal aliens with a U.S. citizen or lawful permanent resident child to be considered for deferred action.  To be considered for deferred action, an alien was required to satisfy six criteria:

(1) as of November 20, 2014, be the parent of a U.S. citizen or lawful permanent resident;

(2) have continuously resided here since before January 1, 2010;

(3) have been physically present here on November 20, 2014, and when applying for relief;

(4) have no lawful immigration status on that date;

(5) not fall within the Secretary’s enforcement priorities; and

(6) “present no other factors that, in the exercise of discretion, make [ ] the grant of deferred action inappropriate.”

Prior to implementation of DAPA, twenty-six states challenged the policies established in the DAPA memorandum in the U.S. District Court for the Southern District of Texas. The district court enjoined implementation of the DAPA memorandum, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s decision, and the Supreme Court allowed the district court’s injunction to remain in place.

The rescinded policy also provided expanded work authorization for recipients under the DACA program for three years versus two years.  This policy was also enjoined nationwide and has now been rescinded. 

The June 15, 2012 memorandum that created the Deferred Action for Childhood Arrivals (DACA) program will remain in effect. 

For more information, see our frequently asked questions.

ALIENS PRESENT WITHOUT admission or parole

by Norka Schell, Attorney on 06/13/17

(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

(ii) Exception for certain battered women and children.-Clause (i) shall not apply to an alien who demonstrates that-

(I) the alien is a VAWA self-petitioner;

 (II)(a) the alien has been battered or subjected to extreme cruelty by a spouse or parent, or by a member of the spouse's or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, or (b) the alien's child has been battered or subjected to extreme cruelty by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty) or by a member of the spouse's or parent's family residing in the same household as the alien when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty, and

(III) there was a substantial connection between the battery or cruelty described in sub-clause (I) or (II) and the alien's unlawful entry into the United States.

Inadmissibility because of criminal history

by Norka Schell, Attorney on 06/09/17

Not all criminal history disqualifies an applicant from receiving a visa or green card. Generally speaking, immigration authorities may deny entry if you have been convicted of any of the following crimes of “moral turpitude”:


·         Drug crimes

·         Recent misdemeanors

·         Crimes involving fraud

·         Crimes involving theft

·         Violent crimes

·         Sex crimes

Even crimes that normally would render a person inadmissible may be subject to a waiver under certain circumstances. Moreover, convictions that appear to have been politically motivated may not result in disqualification.

Contact a firm that can help you deal with your criminal history

While immigration law is generally not kind to those with criminal records, our attorneys at Law Offices of Norka M. Schell, LLC know the exemptions and intricacies that can allow our clients in New York to avoid removal or start a new life in America. Contact our experienced immigration lawyers in New York City today at 1 (212) 564-1589 for creative solutions to your complex immigration problems.  For an office appointment in Boston, Massachusetts, call 1 (781) 223-6100.


Congressional Research Service

by Norka Schell, Attorney on 05/22/17

The DACA and DAPA Deferred Action Initiatives Frequent Asked Questions.