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Legal Articles, Immigration

New BIA Decision on Continuous Physical Presence and Cancellation (1): Matter of Castrejo-Colino

On October 28, 2015, the Board of Immigration Appeals (BIA) decided an important case titled Matter of Castrejon-Colino, pertaining to the requisite 10-year continuous physical present requirement in order to be eligible for regular non-LPR cancellation of removal...

The B-2 to F-1 Change of Status Trap

Changing visa status from visitor to student while present in the United States can be a tricky affair. It must be done with close consultation with an immigration attorney to ensure positive outcomes.

Reinstatement of Removal

The Department of Homeland Security (DHS) has discretion to reinstate a prior removal order when an alien reenters the United States illegally after having been removed previously or having left under a grant of voluntary departure under a removal order.[1] If an alien is subject to summary...

Expedited Removal

Under certain circumstances, arriving aliens who are found inadmissible at the border may be subject to expedited removal. Expedited removal is a removal procedure where an alien is removed without a hearing before an immigration judge.

Recapturing Priority Dates

Under certain circumstances, a child with a pending adjustment of status application to a family preference category who would otherwise “age out” (that is, turn 21 years of age and not be covered by a provision that prevents aging out) may have his or her immigrant visa petition...

Introduction to the EB1B Visa Category for Outstanding Professors and Researchers

The EB1-B (EB1B) category is an employment-based immigrant visa category for outstanding professors and researchers. The underlying statute for the category is found in section 203(b)(1)(B) of the Immigration and Nationality Act (INA).

Asylum Eligibility Bars

The decision on whether to grant an asylum application is discretionary decision based on the facts of each specific case. However, there are certain bars to asylum eligibility which, if triggered, require than an asylum application is denied.

The Second Circuit Issues an Important Decision on Immigration Detention

On October 28, 2015, the United States Court of Appeals for the Second Circuit decided Lora v. Shanahan, an important case concerning mandatory detention for pending removal proceedings found in section 236(c) of the Immigration and Nationality Act (INA) for aliens who were inadmissible...

Using Non-Investment Nonimmigrant Employment Visas as an Investor or Entrepreneur

The primary nonimmigrant visa for investors and entrepreneurs is the E-2 (E2) Treaty Investors Classification. However, an alien who is looking to invest or start a business in the United States may find that he or she cannot meet the rigorous requirements for E2 classification.

Administrative Removal for Aggravated Felonies

This article will provide an overview of who is subject to administrative removal, the administrative removal procedure, and potential avenues for relief from administrative removal.

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