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Inadmissibility Grounds That Do Not Have a Waiver (for Admission as Nonimmigrant)

Posted on Sep 16th, 2017
It is important to know inadmissibility grounds, grounds which prevent some noncitizens from gaining admission, entry, or a visa to the US. That is not all these grounds do. Inadmissibility grounds may prevent some noncitizens from gaining certain immigration benefits inside the US (for example, asylum, adjustment of status, or cancellation of removal). There are dozens of inadmissibility grounds, and each of them may be what brings to a permanent and abrupt halt a noncitizen's plans of achieving an immigration…… Read More »

Inadmissibility Grounds That Do Not Have a Waiver (for Admission as a Permanent Resident) – PART TWO

Posted on Sep 16th, 2017
It is important to know inadmissibility grounds, grounds which prevent some noncitizens from gaining admission into the US or from gaining certain benefits or certain relief from removal while in the US. If one of these inadmissibility grounds applies, the non-citizen to whom it applies will be ineligible for certain benefits (unless the noncitizen receives a waiver or some other kind of relief), and any effort to get that benefit will often come to a permanent and crashing halt. A…… Read More »

Inadmissibility Grounds That Don’t Have a Waiver (for Admission as a Permanent Resident) – PART ONE

Posted on Sep 16th, 2017
It is important to know inadmissibility grounds, grounds which prevent some noncitizens from gaining admission into the US or from gaining certain benefits or certain relief from removal while in the US. If one of these inadmissibility grounds applies, the non-citizen to whom it applies will be ineligible for certain benefits (unless the noncitizen receives a waiver or some other kind of relief), and any effort to get that benefit will often come to a permanent and crashing halt. A…… Read More »

State Laws Requiring Employment Eligibility Verification

Posted on Sep 14th, 2017
For employers, immigration law is not just a federal matter. Some states require nearly all employers doing business in their state to satisfy the state's own employment-eligibility verification requirements. Of the state-imposed employment-eligibility verification requirements, the most common is the mandated use of E-Verify; however, among all states, there is no single method used for employment-eligibility verification. Rather, each state provides one or more ways for the relevant employers to perform employment-eligibility verification. Some options include: using E-Verify, using another…… Read More »

Constitutional Provisions Worth Knowing If You Fear Being Removed (PART TWO)

Posted on Sep 14th, 2017
The Constitution plays a significant role in US immigration. In the context of the government’s attempt to deport or remove a noncitizen from the US, many of the constitution’s provisions come into play. In this two-part blog post, we’ll look at a few of the clauses of the constitution that play a role in removal proceedings, a few tools that attorneys may sometimes use to prevent a noncitizen’s removal. Here, in Part Two, we will look at equal protection, the…… Read More »

Constitutional Provisions Worth Knowing If You Fear Being Removed (PART ONE)

Posted on Sep 14th, 2017
The Constitution plays a significant role in US immigration. In the context of the government’s attempt to deport or remove a noncitizen from the US, many of the constitution’s provisions come into play. In this two-part blog post, we’ll look at a few of the clauses of the constitution that play a role in removal proceedings, a few tools that attorneys may sometimes use to prevent a noncitizen’s removal. In Part One, we will look at procedural due process and…… Read More »

Understanding Immigration Statutes and Regulations: The “Reasonable Result” Doctrine

Posted on Sep 9th, 2017
An important rule of statutory (and regulatory) interpretation instructs that, when one of several possible interpretations of an ambiguous statute produces an unreasonable result, the adjudicator should reject that interpretation in favor of one that produces a reasonable result. Adjudicatory bodies express the idea of a “reasonable” result in many different ways. An adjudicatory body, for example, might conclude that the interpretation of an ambiguous statute must avoid an “absurd,” “unjust,” “unequitable,” “confusing,” “unworkable,” “illogical,” “inconvenient,” or “odd” result. Nonetheless,…… Read More »

Understanding Immigration Statutes and Regulations: How to Establish the “Intent of the Legislature”

Posted on Sep 9th, 2017
It is advantageous sometimes to make the case that a statute (or a regulation) is ambiguous. Ambiguity exists when a statute is capable of being understood by reasonably well-informed persons in two or more different senses. The immigration court, or the BIA, or the federal court has the job of clarifying the statute based on available, relevant information and evidence. In some cases, courts can quickly resolve ambiguity issues. Other times, a lot of effort is required to decide the…… Read More »

What Is “Continuous Presence” for Cancellation of Removal for Non-Permanent Residents?

Posted on Sep 9th, 2017
To beat deportation, to prevent removal from the US, noncitizens who are not permanent residents (non-LPR foreign nationals) often look to cancellation of removal, a forms of removal relief. To receive cancellation of removal, a non-LPR foreign national must show she “has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application.” A non-LPR foreign national who has left the US for even a day before…… Read More »

Exhaustion of Administrative Remedies: The Use-It-or-Lose-It Principle

Posted on Sep 9th, 2017
Frequently, circuit courts decide that they are not able to decide some issues raised by a noncitizen who has been ordered removed and who appeals from the immigration court or the Board of Immigration Appeals. Often, the circuit court decides this because the non-citizen who appeals did not “exhaust” his or her “administrative remedies.” Put differently, the circuit court decides that it may not rule on the particular issue because the noncitizen did not raise the issue at immigration court…… Read More »
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