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How to Transfer a Us Immigration Case to Another Embassy
Immigration News

How to Transfer a Us Immigration Case to Another Embassy

As a petitioner, you may want to choose to transfer your immigration case to another US embassy or consulate. There can be many reasons you want to make such a decision, such as pending case backlogs at a specific embassy, or maybe you believe that some other embassy would decide on your matter more expeditiously.

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Right to Counsel? Not in Immigration Court
Immigration Blogs

Right to Counsel? Not in Immigration Court

You do not have to be immersed in the legal profession to know that legal representation is a right in US criminal courts. Simply watching a courtroom drama on TV will expose you to the concept of right to counsel: everyone has the right to legal representation and if they cannot afford a lawyer, the court will appoint one. This, however, is not the case for immigration courts. Given the recent raids and introduction of harsher rules, migrants have become even more vulnerable, especially in the legal system. This means they also must have access to legal counsel, but many can’t afford to do so.

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USCIS Closure due to Coronavirus Outbreak
Immigration News

USCIS Closure due to Coronavirus Outbreak

All U.S. Citizen and Immigration Service offices will be closed from March 18 – April 1 due to the outbreak of COVID-19. This means that no in-person services will be offered in order to prevent the spreading of the virus. Instead, USCIS will be shifting its duties to be carried out remotely until April 1st or further notice. There will likely be a drastic increase in online traffic, as these services are conducted remotely, so processing times and responses may be slower than usual. All information regarding the temporary closures is subject to change as these circumstances progress and additional updates are received.

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What is a Master Calendar Hearing
Deportation Defense

What is a Master Calendar Hearing

In the immigration system, the process for removal can seem daunting, complex, and stressful. If someone has been placed in the removal process it is very important that they seek the immediate help of an experienced immigration attorney. Attorneys can help clarify legal issues and represent the client’s best interests. One of the most important parts of the removal process is called the master calendar hearing. This hearing determines the schedule for removal and upcoming hearings, but the judge does not make a final decision on the case.

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Immigrants Must Have Proof of Health Insurance
Immigration News

Immigrants Must Have Proof of Health Insurance

In line with President Trump’s restrictive stance on immigration, the federal administration issued a new presidential proclamation. This new rule would ban the entry of new immigrant applicants if they do not have proof of health insurance in the US. Issued only a few days ago, the rule would require the applicant to provide proof that they will have insurance coverage within 30 days of entering the country.

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Child Status Protection Act
Immigration News

Child Status Protection Act

In the US immigration system, unmarried children who are under 21 years old can apply for permanent residence. While there are other eligibility criteria, the age component is an important aspect. However, due to the US Citizenship and Immigration Services’ backlog, many applicants would no longer be 21 years old once their application was processed. This meant that eligible applicants were being aged out due to no fault of their own. In 2002, the Child Status Protection Act (CSPA) came into effect, so that a backlog would not result in the aging out of an eligible applicant.

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Deferred Action and Medical Care for Migrants
Immigration News

Deferred Action and Medical Care for Migrants

Most recently, President Trump and his administration have announced that the rules regarding deferred action and medical care will be changing. The status quo had been to allow for non-US residents to receive deferred action for deportations in cases of urgent or serious medical care. If immigrants could prove their serious medical requirements, they could receive two-year deferrals on removals. These medical deferrals would allow immigrants to stay in the US and receive the medical care they would otherwise not receive in their home country.

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Indefinite Detention of Migrant Families
Immigration News

Indefinite Detention of Migrant Families

It is no secret that the Trump administration has changed rules and enacted legislation to have tougher stance immigration to the US. The news has been filled with instances of raids, deportations, and detention centers in the southern border. However, another announcement has come from Trump’s government, which maintains there can now be the indefinite detention of migrants and migrant children.

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States Sue Trump Following New Immigration Rules
Immigration News

States Sue Trump Following New Immigration Rules

Earlier last week Trump announced that the federal government had new rules regarding green cards and permanent residency for immigrants. Those who had sought public aid from the government and, therefore, would have low-incomes, would be denied green cards for permanent status in the US starting on October 15. Immediately following the release of the new rules, thirteen states began legal action against the federal government overrules deemed to restrict certain ethnic and economic immigrants.

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New Trump Immigration Rule
Immigration News

New Trump Immigration Rule

President Trump’s stance on immigration can be drastic and extreme. Most of the conversation around immigration has to do with Trump advocating for a border wall with Mexico. However, besides the physical barriers, Trump has been building, new rules and procedures have also come into effect in order to restrict immigration to the US. The most recent one (announced just a few days ago) deals with permanent residency. In the US, green cards are issued, giving recipients permanent resident status in the US. The new rules, though, will change whether some applicants can still receive a green card.

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Immigration Raids in Mississippi
Immigration News

Immigration Raids in Mississippi

Just last week, US Immigration and Customs Enforcement (ICE) agents carried out coordinated raids in Mississippi, resulting in the arrest of 680 immigrant workers. The raids were conducted in order to execute search warrants for workers that ICE believed did not have the proper legal documents (and subsequently, the right to work). Without a warning, ICE agents apprehended the workers across different food processing plants.

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What is the Border Wall?
Immigration News

What is the Border Wall?

Regardless of what recent Presidents have campaigned for, the border between the US and Mexico experiences a substantial influx of people. These include individuals and families who cross said border with the hope of seeking a better life in the US. Those who cross do so through treacherous conditions that require them to move by foot without adequate food, water, or shelter. Many of those who cross that border then go on to seek asylum in the US for fear of persecution back home. However, not everyone likes what goes on at the US-Mexico border

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Deportation Process and Defense
Deportation Defense

Deportation Process and Defense

The subject of deportation has come up more recently as there are talks of ICE raids in immigrant communities, but the threat of deportation is not just applied to undocumented migrants as other foreign nationals can also be deported from US soil. In fact, the US can deport those who have violated their visas, are found to be a part of crimes or are a threat to public safety. Depending on the context of the deportation case, the process for removal will vary, as will the kind of defense case used against the removal.

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Recent ICE Raids
Immigration News

Recent ICE Raids

Following months-long rhetoric from President Trump that millions of “illegal aliens” must be deported from the US, he sent out tweets confirming that ICE would carry out raids in cities with migrant populations. ICE – US Immigration and Customs Enforcement – had its missions publicized, and many fears grew over impending deportation. The cities included in the mission are New York, Los Angeles, Atlanta, Baltimore, Denver, Chicago, Houston, San Francisco, and Miami. Regardless of whether the ICE raids result in mass deportations, it has brought up the issue of rights for immigrants.

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Know Your Rights!
Immigration News

Know Your Rights!

In the midst of widespread fear by many, as ICE raids are approaching and occurring, it is important to know what actions to take and what actions to avoid. President Trump has postponed a massive ICE operation that could have targeted thousands of families who have received deportation orders. Whether a US citizen or not, every person in this country has certain basic rights. Having a detailed plan of action for you and your family is important to ensure maximum safety during this time.

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How To Appeal an Immigration Decision
Immigration Appeals

How To Appeal an Immigration Decision

The US Citizenship and Immigration Services (USCIS) has the ability to approve or deny immigration applications. Some think that rejection is final, but that is not necessarily the case. The applicant can appeal the decision to the Administrative Appeals Office (AAO). With the counsel of an experienced immigration attorney, there can be a possibility of a successful appeal.

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What is DACA?
Deportation Defense

What is DACA?

In many cases, when undocumented migrants enter the US they do so with their family. This means that children are brought along and they too become undocumented individuals. Children and young migrants often do not have a choice of whether they should illegally cross the border or not – it is a choice for survival for many. In an effort to protect these children and young migrants, the Deferred Action for Childhood Arrivals program (DACA) provides temporary protection from deportation. Furthermore, the minors and youth protected by DACA are commonly called the Dreamers.

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Family Unification: Immediate Relative versus Family Preference
Family Visas

Family Unification: Immediate Relative versus Family Preference

Making up a major component of the immigration system in the US, family unification allows for US citizens and permanent residents to petition for their family members to come live in the US. There are two different types of petitions for family-based immigration: Immediate Relative and Family Preference. While this article will provide a brief overview, the experienced and dedicated lawyers at Sethi & Mazaheri can provide tailored advice for each immigration case.

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Trump to Announce New Immigration Plan
Immigration News

Trump to Announce New Immigration Plan

On Thursday, May 16th President Trump announced his administration’s plans for the restructuring of the immigration system in the US. Trump wants the system to move away from family-based immigration—through reunification—to an employment-focused immigration plan that would be modeled on the point systems currently used in Canada and Australia. While the details provided so far indicate that the number of green cards that would be issued will not decrease, it is not clear how the administration will act with regards to the already existing undocumented immigrants.

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Travel Ban Update: Ninth Circuit Holds EO-3 Exceeds President’s Power
Immigration News

Travel Ban Update: Ninth Circuit Holds EO-3 Exceeds President’s Power

On Dec. 22, the Ninth Circuit Court of Appeals ruled in Hawaii v. Trump that the September Proclamation (EO-3), indefinitely limiting immigration from certain listed countries, exceeded the President’s power under the Immigration and Nationality Act (INA). (For more context, read my earlier post on the Ninth Circuit oral argument here.) The per curiam decision modeled the thoughtful “common sense” approach to statutory interpretation that the Supreme Court urged in  FDA v. Brown & Williamson.

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