Report Shows that Majority of Deportations are Done Through Expedited Removal Proceedings

The American Immigration Council published a report today showing that the majority of removals are being conducted through expedited removal procedures like expedited removal, reinstatement of removal, and stipulated removal. These three mechanisms, in my opinion violate basic constitutional rights including Due Process. The three mechanisms  allow immigration officials or an immigration judge to hasten…

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Applying for Asylum? Should you?

This week, I will be traveling to Miami to represent a client in an asylum interview. In this post, I will be discussing eligibility for asylum in simple terms.  I will also provide a list of important resources one could use when applying for asylum.   Asylum law is the international community’s recognition that some…

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Know Yourself Before Applying for An Immigration Benefit

I will  be discussing the second case that I discussed in my last post. This case involved a Respondent with so many identities, that the court could not find out his true identity. In Singh v. Holder, a Respondent appealed the Board of Immigration Appeals‘ order affirming the immigration judge’s decision denying his application for…

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Waivers of Misrepresentation under the Immigration and Naturalization Act

I have represented several individuals, both before the Service and immigration courts, who were inadmissible for a material misrepresentation under the Immigration and Naturalization Act (INA). The typical problem involves a situation where a person was applying for a visitor’s visa, says that he/she is married when she is not, and now is applying for…

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Welcome to the New Blog

Effective today, I have launched the new and improved Yakzan on Immigration blog with the new url at www.yakzanonimmigration.com.  Please update your bookmarks if you have bookmarked my old blog. Thank you very much for your continued support.

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USCIS Hosts Entrepreneurs in Residence Information Summit

Agency kicks off effort to ensure that immigration pathways for foreign entrepreneurs are clear and consistent, and better reflect today’s business realities WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas hosted an Information Summit today at the NASA Research Park in Moffett Field, Calif., to launch the USCIS Entrepreneurs in Residence (EIR) Initiative. “Today…

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Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the “Employee-Employer Relationship” in H-1B Petitions

Published Jan. 13, 2010; revised Aug. 2, 2011 and March 12, 2012 Introduction On Jan. 8, 2010, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as they pertain to independent contractors,…

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