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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Board of Immigration Appeals Holds that Admission of Conviction Might not Trigger Stop-Time Rule

I have been an advocate of changing the Supreme Court’s decision that removal proceedings are civil and not criminal. The main reason being my argument is the fact that criminal law has infiltrated removal proceedings since the criminal grounds for removal have been expanded by Congress on several occasions. One of the problems in removal proceedings…

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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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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…

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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…

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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…

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