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Articles Posted in Family Immigration

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New Immigration Case May Open the Door to Asylum for Battered Spouses

The Board of Immigration Appeals delivered a published decision recently finding that certain female victims of domestic violence may be eligible for asylum in the United States. The Board’s decision in Matter of A-R-C-G, 26 I&N Dec. 388 (BIA 2014) held that “married women in Guatemala who are unable to…

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When are the Immigration Consequences of a Criminal Conviction, “Truly Clear?”

The U.S. Supreme Court ruled in Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010) that defendants have a Constitutional right to receive accurate advice from their criminal attorneys about the immigration consequences of any criminal conviction. The Florida Supreme Court has ruled that where the immigration consequences of a…

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The BIA Issues an Important Decision on Florida’s Sale of a Controlled Substance Statute

On August 15, 2014, the Board of Immigration Appeals issued a published decision in Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014), regarding the immigration consequences of a conviction for violating Florida Statute § 893.13(1)(a)(1) (sale, manufacture, delivery or possession with intent to sell, manufacture or deliver, a controlled…

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What Can and Should President Obama do about Immigration without Congress?

President Obama has said that if Congress failed to act to pass comprehensive immigration reform before the August Summer recess, he would be forced to take action on the matter. Many legal scholars and activists have chimed in on what they think the President should do and what they think…

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House Bill H.R. 5137 – Asylum Reform and Border Protection Act—The Biggest change in immigration law since 1996?

Republicans in the U.S. House of Representatives recently proposed a bill aimed at dealing with the crisis currently taking place on the Southwest Border. House Judiciary Chairman, Rep. Bob Goodlatte introduced the bill and provided the following support for it: “Since President Obama won’t take actions to quell this activity,…

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Federal Court Gives Hope to Immigrants Fleeing from Violence and Corruption in Central America

The U.S. Court of Appeals for the Fifth Circuit recently issued a decision that gives hope to immigrants around the world fleeing violence and corruption in their home countries. In a decision styled, Garcia v. Holder (case number 13-60381) the federal court rejected a decision by the Immigration Judge and…

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New York City Council approves law to grant ID cards to undocumented immigrants

The New York City Council recently announced that it approved the Mayor’s plan to give photo identification cards to all New York City residents, regardless of their immigration status. The Council and the Mayor heralded this effort as a victory for residents, many of whom do not have a current…

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Why the President’s Pledge to Send More Resources to the Southwest Border is Good for the Migrant Children and Families Coming to the U.S.

Last Monday, President Obama announced that he was sending additional resources to the Southwest Border to help with the growing humanitarian crisis involving tens of thousands of unaccompanied minors and families migrating from Central American. The President vowed these resources in part, to more quickly return “unlawful migrants” to their…

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Florida ‘Dream Act’ to soon benefit some kids of illegal immigrants

TAMPA — A new state bill is about to go into effect granting in-state tuition to children of some illegal immigrants. The law would allow undocumented students in Florida to pay in-state tuition to attend Florida colleges. The bill would grant in-state tuition rates to students-regardless of their immigration status-who…

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Know Before You Go: Affidavit of Support Issues

For most green card based petitions, the Petitioner (i.e. U.S. citizen or U.S. employer) must file an Affidavit of Support as a sponsor to the beneficiary (intending immigrant). The Affidavit of Support is a contract between the sponsor and federal government and is enforceable. Should the intending immigrant become a…

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