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…

Read More

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…

Read More

Attaining Permanent Residence through the EB-5 Program

The Eb-5 program has been getting renewed attention lately. Congress has been trying to reform the program specifically to counter the alleged fraud that has plagued the program since 1990. One thing remains true however, there is an influx of interest by Chinese and South American investors who are shelling hundreds of thousands of dollars…

Read More

Asylum Fraud In Chinatown

The New York Times published a story over the weekend discussing asylum fraud in Chinatown, NY. The article spoke about the widespread fraud in asylum applications, with attorneys, clergy, and paralegals helping applicants fabricate stories to shore up their asylum applications. The fraud has led to the indictment of several people, including eight attorneys. The…

Read More

Judge Approves Asylum Clock Class Action Suit

Last week, a federal judge approved a settlement agreement in a law suit challenging EOIR and USCIS procedures regarding the asylum clock. The lawsuit challenged the procedures used by the two governmental agencies since, among other things, they did not give notice that the asylum clock was stopped. Under the law and  the regulations, the applicant could become…

Read More

Eleventh Circuit rules that Florida Statute 893.13 is not An Aggravated Felony

Last week, the Eleventh Circuit ruled that Florida Statute 893.013(1)(a)(2) is not an aggravated felony under the Immigration and Naturalization Act. The respondent was placed in removal proceedings as an aggravated felon for his conviction under the statute. At the individual hearing, the respondent challenged his designation as an aggravated felon and the immigration judge ordered his removal.…

Read More