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Author: Joseph Caraccio

  • Asylum Interview Interpreter Requirements Updated

    Asylum Interview Interpreter Requirements Updated

    USCIS announced to policies that will be taking effect on September 13, 2023. Anyone attending an asylum interview after September 13, 2023, will be required to bring an interpreter to their interview if they are not able to do the interview in English. See the new affirmative asylum interpreter requirements below. AFFIRMATIVE ASYLUM INTERPRETER REQUIREMENTS…

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  • Petitioning for Relatives

    PETITIONING FOR RELATIVES  Type of Relative for Whom You May Petition Immigration Benefit Related Forms Spouse Children (unmarried and under 21) Sons and daughters (married and/or 21 or over) Parents, if you are 21 or over Siblings, if you are 21 or over Green Card (permanent residence) Form I-130, Petition for Alien Relative Form I-485,…

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  • Bona Fide Marriage Exemption

    Non-citizens who marry U.S. citizens or lawful permanent residents while in removal proceedings must show by clear and convincing evidence that the marriage was entered into in good faith. See INA § 245(e)(3). What is commonly called, “the bona fide marriage exemption” must be requested in writing and submitted with Form I-130. See 8 C.F.R. § 204.2(a)(1)(iii)(A). The request must state…

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  • Update Your Contact Information With The Immigration Court

    Update Your Contact Information With The Immigration Court

    ONLINE Respondent Access is the online portal where you can update your contact information with the Immigration Court and find information about your removal proceedings. BY MAIL You can use the self-help tools to submit a form with your updated contact information. The Form EOIR-33/IC is a change of address form that you must submit…

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  • U VISA QUESTIONS

    U VISA QUESTIONS

    Questions & Answers: U Nonimmigrant Status What forms do I need? Principal Applicants: ► Form I-918, Petition for U Nonimmigrant Status ► Form I-918, Supplement B, U Nonimmigrant Status Certification ► Form I-192, Application for Advance Permission to Enter as a Nonimmigrant (if your client is inadmissible under any ground found at INA § 212(a))…

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  • WEBEX VIRTUAL HEARINGS GUIDE FOR IMMIGRATION COURT

    WEBEX VIRTUAL HEARINGS GUIDE FOR IMMIGRATION COURT

    The Department of Justice has several tables on their website which contain all the webex links for every Immigration Judge (throughout the country, I’m only focusing on New York). You can find that official master list of links at https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings. If your hearing notice states that you have a virtual hearing then you are expected to attend the…

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  • WEBEX LINKS FOR NY IMMIGRATION COURTS

    WEBEX LINKS FOR NY IMMIGRATION COURTS

    FIND IMMIGRATION JUDGE’S WEBEX LINK WHO IS MY JUDGE? If you lost your hearing notice or you can’t figure out who your Judge is then go to the EOIR Automated Case Status System and look up your A# (the 9 digit number with the letter “A” in front of it that appears on every document…

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  • Petty Offense Exception

    Petty Offense Exception

    The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Since so many offenses can be classified as crimes involving moral turpitude, many noncitizens risk being excluded even for minor convictions. Coming within the Petty Offense Exception is one way to avoid this exclusion. This exception…

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  • What to do if you missed your hearing and were ordered removed

    What to do if you missed your hearing and were ordered removed

    What to do if you missed your hearing and were ordered removed. You can take to try to reopen your case but it is important that you file a motion to reopen as soon as possible using this template motion.

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  • How Petition to Bring a Family Member to the U.S.

    As a citizen of the United States, you may help a relative become a lawful permanent resident of the United States by obtaining what is often referred to as a “Green Card.” To do so, you need to sponsor your relative and be able to prove that you have enough income or assets to support…

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  • How to Use a Taxpayer Identification Number

    INDIVIDUAL TAX IDENTIFICATION NUMBER (ITIN or TIN) HOW TO FILE TAXES IF YOU ARE AN IMMIGRANT AND DO NOT HAVE A SOCIAL SECURITY NUMBER. WHAT IS AN TIN? An Individual Taxpayer Identification Number (ITIN or a TIN) is a tax processing number issued by the U.S. Internal Revenue Service (IRS). A TIN consists of nine…

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  • FORM I-485 CHECKLIST FROM USCIS

    ADJUSTMENT OF STATUS (I-485) CHECKLIST USCIS sent out an email linking to their new page with this checklist. The USCIS.gov website states: Please do not submit this checklist with your Form I-485. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that…

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