Articles Posted in Removal Proceedings

by

Have you ever wondered what to do if you are detained at a U.S. airport or port of entry while traveling as a green card holder?

In this video, you will learn about your rights as a green card holder and under what circumstances you can be detained by Customs and Border Protection (CBP) when re-entering from a trip overseas.

For more information, please continue watching this video.

Overview

What happens when a Green Card holder is detained at an airport or U.S. port of entry after returning from a trip overseas?

In recent months, green card holders have reported being detained at U.S. ports of entry after returning from overseas travel. Viral social media posts have told cautionary tales of individuals being taken to secondary inspection when passing through customs.

All travelers arriving at U.S. ports of entry are subject to inspection by Customs and Border Protection (CBP) officers to ensure compliance with immigration laws and regulations.

Unlike tourists and temporary visa holders, permanent residents (green card holders) are entitled to certain rights that others do not have. This includes the right to:

  • Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law
  • Be protected by all laws of the United States, your state of residence and local jurisdictions

When being questioned or detained by a CBP officer, permanent residents may:

  • Report the incident to their embassy or consulate
  • Request to speak with an attorney to discuss the legal consequences of detainment and/or green card revocation

Continue reading

by

Can ICE lawfully detain you if you have an immigration case pending with USCIS? In this video, attorney Jacob Sapochnick breaks down everything you need to know about this important topic, including your rights if an ICE agent visits your home or workplace.

To learn how to protect yourself, please keep on watching this video.

Overview

Q: Are undocumented immigrants at risk of deportation if they have a pending application or petition for an immigration benefit with the U.S. Citizenship or Immigration Services (USCIS) such as an I-130 petition, I-485 green card petition, I-360 VAWA petition, etc.?

Before we can answer this question, we must first consider how U.S. Immigration and Customs Enforcement (ICE) operates. ICE is a federal law enforcement agency operating under the Department of Homeland Security (DHS). Its primary purpose is to guard against crime at the border and enforce the nation’s immigration laws to prevent illegal immigration.

As a result, ICE agents can detain individuals that they believe are present in the United States in violation of the law. This includes individuals who overstayed their U.S. visa, those who entered the country without lawful inspection at a U.S. port of entry., and those who have committed certain immigration violations.

Therefore, having a pending application or petition for an immigration benefit with USCIS does not provide automatic protection from deportation. In fact, individuals may be detained at any stage of the immigration process.

Continue reading

by

During these uncertain times in immigration, we bring you this informative video to summarize President Donald Trump’s recent thirteen executive actions on immigration.

Some of the highlights of this discussion include President Trump’s executive order affecting birthright citizenship, measures to enhance border security, mass deportations of undocumented immigrants, potential executive orders implementing new travel bans, and much more.

To learn more about these executive orders and how they may impact you, please keep watching.

Overview

What happened on day one of the Trump administration?

President Trump signed thirteen executive orders on the first day of his presidency, setting the tone for the start of his administration with new policies that create obstacles for certain immigrants.

EO #1 President Trump’s America First Priorities

The first of these executive orders is “President Trump’s America First Priorities,” which outlines the top priorities that we can expect to see from the Trump administration over the next four years.  

The major highlights of this order are as follows:

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

Continue reading

by

In this video, attorney Jacob Sapochnick discusses an interesting situation that can occur when the U.S. Citizenship and Immigration Services (USCIS) issues a green card by mistake.

Learn what can happen in this situation and the steps you need to take to inform USCIS of the mistake, so that it does not cause complications for you down the road.

Overview

You might be wondering, how is it possible for a green card to be issued by the U.S. Citizenship and Immigration Services (USCIS) by mistake? Although this is not a common occurrence, there are situations where an administrative or clerical error, can lead USCIS to issue a green card before an applicant is eligible to receive one, or before a green card is available.

It is important for you to understand that receiving a green card in error can have serious immigration consequences. Those who fail to take action to correct or remedy the mistake within a reasonable time can lose their ability to apply for U.S. Citizenship or even jeopardize their green card status.

How Does This Occur?

Green Card Issued Before a Priority Date is Current

Under U.S. immigration law, except for immediate relatives of U.S. Citizens, there are annual numerical limits on the number of green cards that can be issued to green card applicants. This applies to both employment-based and family-sponsored applicants. Due to these numerical limitations, the majority of green card applicants must wait their place in line until a green card is available to them. Only once an applicant has reached the front of the line (their priority date becomes current for final action on the Visa Bulletin), can they be eligible to receive a green card.

To know when a priority date is current for final action, applicants must regularly review the Department of State’s Visa Bulletin. A green card applicant’s priority date can be located on the I-130 or I-140 Form I-797 Notice of Action. The priority date generally falls on the date when the I-130 or I-140 immigrant petition was filed with USCIS. This date will determine your place in line in the green card queue.

Continue reading

by

 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.

Continue reading

by

The American people have spoken. Donald Trump will return to the White House on January 20, 2025, becoming the next President of the United States.

This past month, the Trump administration has been busy laying the groundwork to implement stricter border policy measures, strike-down Biden-era immigration policies, and put in motion the large-scale deportation of undocumented immigrants.

But how could a Trump presidency impact legal immigration?

In this video, attorney Jacob Sapochnick explains what we can expect to see from the incoming Trump administration, with a specific focus on the changes that could impact business immigration law. You will learn about the five major changes that employers and foreign workers should consider in the months ahead.

If you’re an employer looking to hire foreign talent, or are actively employing foreign workers, then you won’t want to miss this video. If you’re a foreign worker going through the visa process, or thinking of applying for a visa, we will share with you the insider information you need to know to ensure your process is successful.

Want to know more? Just keep on watching

Overview

The Trump administration’s immigration policies are expected to impact workers in all industries. Individuals close to the President elect have revealed that they are preparing executive actions on immigration to be rolled out soon after Trump takes office in January.

Here are the top five ways that Trump’s immigration policies will impact business immigration.

#1 The Use of Executive Orders

During his first term in office, Donald Trump relied heavily on executive orders to bring about far-reaching changes in immigration policy, including his notorious “Muslim travel ban.”

As you may recall, in 2017 President Trump signed an executive order banning people from six Muslim-majority countries, from entering the United States for a period of 90 days. These countries were Iran, Iraq, Libya, Somalia, Syria, and Yemen.

The executive order prevented nationals from entering, even if they held visas to travel to the United States, causing wide-spread family separation for those seeking to be reunited with their spouses, parents, and children in the United States.

Upon taking office, we expect President Trump to issue a series of executive orders that will restrict the admission of certain foreign nationals to the United States and codify his hardline immigration policies.

Continue reading

by

The aftermath of the presidential election has sent shockwaves throughout the immigrant community.

In just 70 days, Donald Trump is set to become the next President of the United States. That means that major changes are coming to immigration law and policy.

In this video attorney Jacob Sapochnick explains what Trump’s victory means for immigration, including his promise to execute mass deportations throughout the United States, as well as other controversial immigration policies that he is expected to implement when he takes office on January 20, 2025.

Want to know more? Just keep on watching

Overview

Mass Deportations

Throughout his campaign, Trump has called for mass deportations nationwide which he has said will be the “largest deportation effort in American history. “

It is said that his advisors are discussing whether they can declare a “national emergency,” to allow the government to call upon military officials to detain and remove undocumented migrant gang members from the United States. His campaign has also suggested ending sanctuary cities to remove suspected criminals, including drug dealers and cartel members from the population.

His promises also include hiring thousands of border patrol agents to secure the southern border to deter illegal immigration.

Trump’s Top Five Policies Targeting Immigration Law

The following are the top 5 areas where Trump’s policies will have the greatest impact in the lives of immigrants in the United States.

Immigrants should understand the potential challenges they could face under the Trump administration and consult with an experienced immigration attorney to create a plan of action in the months ahead. It is important to do so as soon as possible, because sensitive cases may call for immediate action before Trump is inaugurated.

#1 Asylum Restrictions

During Trump’s presidency in 2017, his administration was responsible for implementing widespread asylum restrictions. It is likely that his administration will re-implement many of his previous immigration policies, which limit asylum applications.

His policies are also likely to restrict asylum applications at the border, as they did during his first term in office.

Examples of Asylum Restrictions:

In 2020, the Trump administration published 7 final rules in the Federal Register to:

Continue reading

by

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.

Continue reading

by

Did you know that if you are going through the green card process based on marriage to a U.S. Citizen in the United States, sometimes an immigration official from the U.S. Citizenship and Immigration Services (USCIS) may show up at your home unannounced. How often does this happen and how can you prepare?

We invite you to learn more about this important topic.

Overview

The USCIS Fraud Detection and National Security Directorate (FDNS) was established to combat and investigate immigration-related fraud including marriage fraud.  The FDNS also operates the Fraud Detection and National Security data system which tracks and manages cases which are under review for potential immigration fraud. Reports are generated by the FDNS data system and distributed to other government agencies for further investigation depending on the severity of the case, such as the Department of State (DOS), the Federal Bureau of Investigation (FBI), or Immigration and Customs Enforcement (ICE).

Surprise Home Visits: When do they happen and how do they happen?

Part of the responsibilities of the FDNS are to conduct site visits for both employment-based and family-sponsored immigration petitions. Most commonly, site visits are conducted at places of worship as part of the process to petition an R-1 nonimmigrant religious worker. Site visits are also frequently conducted at places of employment for H-1B workers. With respect to family-sponsored cases, the FDNS may conduct home visits in adjustment of status filings where marriage fraud is suspected.

This can happen in several different ways. In the most common scenario, the married couple has already been questioned at their in-person interview before a USCIS officer. In such instance, the immigration officer is not convinced by the responses provided by the couple during the interview and believes the marriage to be fraudulent. In some cases where marriage fraud is suspected, the couple is separated and questioned separately regarding facts about their relationship. At the conclusion of the interview, the officer may call upon FDNS to conduct an unannounced site visit at the couple’s home to confirm whether the information provided at the interview is authentic.

Continue reading

by

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.

Continue reading