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Legal Articles, Deportation

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.

New POMS Evidentiary Requirements for Stateless Persons

The Social Security Administration (SSA) has updated the evidentiary requirements for demonstrating “statelessness” in RS 02640.040 of its Program Operations Manual System (POMS). The SSA will use information from the Department of State about an individual to determine whether he or...

December 11 Expiration Date for Three Immigration Programs (Including EB-5)

Three significant immigration programs are slated to expire on December 11, 2015. These three programs are the: EB-5 Regional Center Program; Conrad 30 J Waiver Program; Special Immigrant Non-Minister Religious Worker Programs. This blog will discuss the programs' prospects..

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