Family

Archive

Know Your Rights: What to Do if You are Detained at a Port of Entry (Lawful Permanent Residents)

What to Do If You Are Detained at a Port of Entry (LPR)   Source: AILA Doc. No. 18110604.

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Can Trump End Birthright Citizenship?

President Donald Trump has confirmed plans to issue an executive order ending birthright citizenship, which grants citizenship to children born in the US regardless of their parents’ citizenship. According to Matthew Kolken, an immigration lawyer who is an elected member of the American Immigration Lawyers Association’s (AILA) board of governors, the very Supreme Court justices whom […]

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Marriage and Living in Marital Union Requirements for Naturalization

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to clarify the married and living in marital union requirements under section 319(a) of the Immigration and Nationality Act (INA). Background In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be […]

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Allegations of Fraud at the Adjustment of Status Phase for Asylee

In recent months, there have been reports that USCIS has requested waivers of inadmissibility from asylee adjustment of status applicants based on alleged fraud relating to the asylees’ initial arrival to the United States. Allegations of Fraud or Material Misrepresentation Recently, there have been reports of USCIS issuing RFEs or otherwise raising inadmissibility under INA […]

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U.S. citizens applying for green cards for noncitizen spouses see growing waits

More and more couples applying for a green card through their marriage are experiencing a longer wait period for their Green Card interview. Anastasia Tonello, president of the American Immigration Lawyers Association, said she believes Trump administration policy changes are responsible in part for fueling delays by creating more work for immigration officers. Among those […]

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Update on FAM Changes to Public Charge

In January 2018, the Department of State revised the public charge provisions of the Foreign Affairs Manual (FAM). Most significantly, 9 FAM 302.8-2(B), which previously stated that “[a] properly filed, non-fraudulent Form I-864 [Affidavit of Support] … should normally be considered to meet the INA 212(a)(4) requirements and satisfy the totality of the circumstances analysis,” […]

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Special Naturalization Provisions for Children

USCIS issued a policy alert updating the USCIS Policy Manual with guidance to clarify certain special naturalization provisions for children. In general, the spouse of a U.S. citizen who resides in the United States may be eligible for naturalization based on the marriage under section 319(a) of the Immigration and Nationality Act (INA). Children who […]

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Talking Points and Background Information on USCIS RFEs and NOIDs Guidance

What is It? On July 13, 2018, USCIS issued new guidance regarding adjudicator discretion to deny a request for an immigration benefit without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). The new policy makes it easier for USCIS to deny an application or petition without first issuing an RFE […]

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“Buy American, Hire American” – Hurting U.S. Companies?

On April 18, 2017, President Trump issued the “Buy American and Hire American” (BAHA) Executive Order[1], ushering in a new immigration regime in the Department of Homeland Security (DHS).[2] While the laws have not changed, the presidential directive has radically transformed DHS’s approach to adjudicating immigration cases, some would argue, to the detriment of some […]

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New Complaint Accuses ICE of Threatening Undocumented Parents Into Signing Deportation Papers or Never Seeing Their Kids Again

A complaint filed with the Department of Homeland Security accuses ICE of engaging in the “pervasive, illegal practice” of coercing the undocumented immigrant parents separated from their children at the border into signing documents, including deportation documents, they may not have understood. The complaint comes via the American Immigration Council and the American Immigration Lawyers Association, filed […]

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