November 24, 2013
Immigration Court and the Department of Homeland Security
Here is an excerpt of an article I recently completed for the Johnson County Bar Association Bar Letter: Immigration Court and the Department of Homeland Security DHS is a cabinet department of the U.S. government, and is comprised of the United States Customs and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE). Pub.L. 107–296, 116 Stat. 2135. ICE is the agency responsible for enforcing the nation’s immigration laws by effecting the removal of
November 11, 2013
Criminal Convictions and Immigration Law: The Implications of Padilla v. Kentucky for Criminal Defense Attorneys and their Clients
For non-citizens, criminal charges and convictions may carry severe consequences, up to and including removal from the United States. Therefore, it is very important that such clients consult with criminal defense attorneys who are familiar enough with immigration law to recognize when to seek the advice of a competent immigration attorney. Excellent criminal defense advice may result in dire and unforeseen immigration consequences. The stakes are high for criminal defense attorneys, as well. The U.S.
August 16, 2013
Immigration Status and the Effect of “Unlawful Presence”
Here is a copy of an article I wrote for the Johnson County Bar Letter: One of the most important – and troublesome – concepts in immigration law is that of “unlawful presence.” A person is “unlawfully present” if he or she is present in the United States “after the expiration of the period of stay authorized by the Secretary of the Department of Homeland Security or is present in the United States without being admitted
August 3, 2013
Unlawful Presence – Does it Apply to Me?
One of the recurring themes I’ll examine on this blog is the idea of “unlawful presence.” With certain exceptions, under current immigration laws, a person “unlawfully present” in the United States for a certain period of time is ineligible to: (1) adjust his or her status to that of a Lawful Permanent Resident (e.g., by having an I-130 Petition for an Alien Relative filed on his or her behalf), or (2) Enter the United States.
August 1, 2013
United States Asylum Cases (By the Numbers)
For many people, an Application for Asylum is the only immigration option. Compare the number of times asylum is granted to the overall number of asylum cases; do the numbers seem reasonable? http://usnews.nbcnews.com/_news/2013/04/17/17708693-for-asylum-seekers-path-to-citizenship-is-paved-with-peril?lite