Articles Posted in Removal Orders

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 What will Trump’s immigration policies look like during his second term? In this video, attorney Jacob Sapochnick breaks down what families need to know before he takes office.

You will learn all about the upcoming changes that may impact family-based immigration, and how his policies may slow down the processing of immigrant visas at U.S. Embassies and Consulates abroad.

This information is based on the Trump administration’s campaign promises, and actions taken during his first term in office. While we do not know for certain what is to come, applicants should expect a departure from the Biden administration’s immigration policies.

Overview

Looking back on President Trump’s first term in office, his administration issued far-reaching executive actions on immigration. From Muslim travel bans to an overhaul of the public charge rule, the immigration process became much more restrictive.

Many of these executive actions and policy changes may be reinstated during his first 100 days in office, causing more headaches for family-based immigrants.

Here are some of the changes that may be expected from the Trump administration.

Return of the Public Charge Rule for Green Card and Immigrant Visa Applicants

To obtain a green card or immigrant visa, applicants must demonstrate that they are not likely to become a “public charge” on the U.S. government. A person who is likely to depend on government assistance for their basic needs is deemed a “public charge.”

In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s public charge rule, the use of public benefits (such as food stamps, Medicaid, and Section 8 housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants receiving these benefits to obtain a green card.

The Trump administration also required USCIS and Consular officers to weigh several factors when making a public charge determination, including the applicant’s age, health, family status, assets, resources, financial status, education, and skills.

Proof of Personal Financial Resources

To make matters worse, Trump’s public charge rule also required green card applicants to show proof of personal financial resources.

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In this video, attorney Jacob Sapochnick discusses the top 5 reasons a U.S. immigrant may be subject to deportation in the year 2024 and how to avoid falling into these circumstances.

If you would like to know more about this topic, we invite you to watch our video.

Overview

There are several reasons that may lead immigration to start the process of deporting an immigrant from the United States to their country of origin. Removal may occur because of certain actions undertaken by the foreign national that violate the immigration laws of the United States.

One of the most common scenarios is where the foreign national did not have the right to be in the United States in the first place. But this is not the only reason a person may be subject to deportation. Other reasons may include crossing the border illegally or even overstaying a U.S. visa beyond your authorized period of stay.

Here we discuss the top 5 most common reasons that may lead to deportation.

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In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: Can undocumented immigrants open their own business in the United States?

If you would like to know more about this topic, please keep on watching!

Overview

This is one of the most widely misunderstood topics of discussion in immigration. The answer is yes, any person whether documented or undocumented can start a business in the United States.

Individuals can form a Limited Liability Company (LLC) or any other corporate structure irrespective of their legal status in the United States. This is because the LLC or corporate entity is a separate entity from the individual. The LLC can obtain an Employer Identification Number, also known as an EIN from the Internal Revenue Service (IRS) for the purpose of tax administration. To obtain an EIN, the principal business must be located in the United States or U.S. territories, and the member applying for the EIN must have a valid Taxpayer Identification Number, such as a Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), or EIN.

However, if you are employed by the LLC or corporate entity without lawful authorization to work in the United States, you will be in violation of the law, however the business registration in and of itself is legal.

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In this video, attorney Jacob Sapochnick addresses a very important topic, what can you do if your N-400 application for naturalization has been denied?

To help you navigate this situation, in this video we discuss all the options you should consider moving forward. If you would like to know more about this important topic, please keep on watching.

Did you know? Over the last few months, more and more N-400 naturalization applicants have been wrongfully denied following the N-400 naturalization interview. It is important to understand the common pitfalls of N-400 naturalization applicants so you can avoid them in the future and ensure your success.

Overview

What are some common reasons for N-400 denials?

There are numerous different reasons why N-400 applications for naturalization may be denied.

Some denials occur simply because the applicant provided incomplete or deficient information requested on the N-400 application for naturalization. For instance, the Form N-400 requires applicants to provide detailed information about all places of residence, work, and school history, during the last 5 years.

Failure to provide complete and accurate information in these sections can be a cause for denial following the N-400 interview.

As an example, John Doe came to our office seeking consultation after the denial of his N-400 application. Upon closer review of his denial notice, we discovered that John failed to provide his complete residential history during the past 5 years. The immigration officer that interviewed John knew about the deficiencies in John’s residential history, because residential addresses that he previously provided to the U.S. Citizenship and Immigration Services (USCIS) on his green card applications did not appear on his N-400 application. Rather than give John the opportunity to cure these deficiencies, the immigration officer denied the N-400 application and applied immigration bars for fraud and misrepresentation. The N-400 was denied based on John’s failure to establish good moral character (a requirement of the N-400 application) due to the omissions in his application.

Other denials may occur based on an immigration officer’s review of the applicant’s past immigration and criminal history, leading to a denial.

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In this video, attorney Jacob Sapochnick tells you everything you need to know about a brand-new government proposal seeking to issue national identification cards to undocumented immigrants as part of the “ICE Secure Docket Card Program.” Under the program, those who regularly cross the U.S. Mexico border, and those without legal status would be eligible to receive temporary identification cards, granting them access to their immigration files and information relating to removal court proceedings entirely online.

Did you know?

The Biden administration is planning to test the Secure Docket Card Program by first providing temporary I.D. cards to unauthorized immigrants who are still waiting for a final decision on their cases.

Want to know more about this exciting new proposal? Just keep on watching.

Overview

What is this new proposal all about?

The Biden administration has been busy working on a brand-new initiative to introduce a new national identification card specifically for the undocumented immigrant population. The program known as the “ICE Secure Docket Card program,” would initially grant temporary ID cards to migrants crossing the U.S./Mexico Border and then expand issuance to other types of immigrants without legal status in the United States.

What will the card include?

While the details of the pilot program are still being finalized, we know that the ID cards (known as Secure Docket Cards) will include the individual’s photo identification, biographical information including country of nationality, and contain a unique QR code that will allow the holder of the card to access immigration court information and immigration documents entirely online. This is an important step in helping modernize the immigration process, as well as making it easier for immigrants to obtain important information regarding their immigration process in the United States. The QR code will allow individuals to gain access to a portal where they can easily and conveniently update their information and check in with USCIS.

Additionally, individuals who did not previously possess a form of photo identification, can use the Secure Docket Card to access important state benefits such as health care, a driver’s license, housing, etc. The government is also calling upon the Transportation Security Administration (TSA) to allow travelers to use these cards as a form of identification when traveling by plane within the United States. It is also expected that the Secure Docket Cards will be made available to immigrants currently in detention.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses some breaking news in the world of immigration. On January 26, 2021, a federal judge in Texas temporarily blocked the Biden administration’s 100-day pause on deportations.

Want to know more? Keep on watching for more information.

Overview

The Biden administration is facing its first legal challenge. We recently learned that a federal judge from the U.S. District Court for the Southern District of Texas has granted a 14-day nationwide temporary restraining order that immediately blocks the Biden administration’s efforts to put a 100-day pause on deportations.

How did this happen?

The federal judge’s decision came after the Attorney General of Texas filed a lawsuit requesting a temporary restraining order to stop the Biden administration from pausing deportations.

Judge Drew B. Tipton, appointed by former President Donald Trump, ultimately agreed with the State of Texas that Biden’s suspension of deportations violates the Administration Procedure Act (APA), as well as key provisions of the INA which mandate that aliens with final orders of removal be deported within 90 days.

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