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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..

O Visas

O visas are nonimmigrant employment visas for limited classes of aliens. The O-1A (O1A) visa is for “aliens of extraordinary ability” who are seeking to enter the United States to work in their areas of expertise. The O-1B visa (O1B) is for an alien of “extraordinary achievement” in motion..

Life Act and Adjustment of Status

Who Was Eligible to Take Advantage of LIFE Act Adjustment of Status? The Original Filing Requirements for LIFE Act Adjustment of Status and Grandfathering. LIFE Act Adjustment of Status in Proceedings. Advice for LIFE Act Adjustment of Status

Refugee Numbers for Fiscal Year 2016

Section 207 of the Immigration and Nationality Act (INA) gives the President the authority to allocate a limited number of refugee numbers for each fiscal year (subject to consultation with Congress and certain other concerns). This effectively sets the limits for how many refugees...

Update: DHS Proposes New Rule to Extend STEM OPT Program

In a blog two months ago, I discussed a district court decision titled Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, wherein the Department of Homeland Security’s (DHS’s) rules extending occupational practical training (OPT) for certain STEM students..

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