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Convention Against Torture (CAT)
As per international and U.S. law, the principle is clear that an individual cannot be returned to a country where they are likely to be subjected to torture. US law has created a legal process specifically designed to comply with the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment…
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Withholding of Removal
For nearly a century, the United States has upheld a fundamental promise: no person shall be deported to a country where they would face persecution. In line with laws enacted to honor this commitment, tens of thousands of individuals seek protection in the United States each year. The majority of these individuals apply for asylum.…
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Respondent With A Pending Appeal of a Criminal Conviction Does Not Have a Criminal Conviction
The Board of Immigration Appeals published a decision holding that when a respondent has a pending appeal under section 460.30 of the New York Criminal Procedure Law the criminal conviction his not yet final and therefore the respondent has not been “convicted” as defined by INA §1101(a)(48)(A). Matter of Brathwaite Matter of Brathwaite, 28 I&N…
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Applying For U.S. Citizenship
form n-400 Review the application (Form N-400) instructions Complete the naturalization application, Form N-400 Pay filing fee Form N-400 All applicants must send the following 3 items with their N-400 application: □ Permanent Resident CardA photocopy of both sides of your Permanent Resident Card (formerly known as the Alien Registration Card or “Green Card”). If…
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U.S. Immigration Law Acronyms
Acronyms ACC Assistant Chief Counsel Government attorneys that represent the Department of Homeland Security, ICE at EOIR removal proceedings. A Number A File “A” Number or “A” File is short for alien number or alien file. Every foreign national inside of the United States who has had contact with USCIS, ICE, or CBP will be…
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ESTABLISHING EXTREME HARDSHIP
A. Totality of the Circumstances The officer must make extreme hardship determinations based on the factors, arguments, and evidence submitted. Therefore, the officer should consider any submission from the applicant bearing on the extreme hardship determination. The officer may also consider factors, arguments, and evidence relevant to the extreme hardship determination that the applicant has…
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The Convention Against Torture
WHAT IS THE CONVENTION AGAINST TORTURE (CAT)? You may have seen or heard the term CAT in connection to the asylum process, but what is it? Introduction The first step in seeking asylum protection in the U.S. is to file an I-589 asylum application. On the Form I-589 asylum application there is a little checkbox…
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January – August 2023 Immigration Court Statistics
Total new cases January – August 2023: 1,488,110 Jan-Aug 2023 Immigration Bond Statistics 2020 vs. 2021 Asylum Statistics
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Mandatory Detention
When a foreign national is taken into the custody of U.S. Immigration and Customs Enforcement (ICE), one of the initial steps taken by the deportation officer is to determine whether or not to grant a bond. A bond is a monetary payment made to the U.S. government (often by a friend, relative, or bond company)…
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Naturalization Civics Exam
The Naturalization Civics Examination The civics examination is part of the naturalization interview process and it is legally required in order to obtain US citizenship (unless you are exempt for medical reasons). The civics portion of the naturalization test is an oral examination that will test your knowledge of basic US history (who was the…
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VIDEO: FREEDOM OF INFORMATION ACT (FOIA)
Learn more about the Freedom of Information Act (FOIA) and how it can help you with your immigration case. The FOIA statute 5 USC §552 .
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Non-Minister Special Immigrant Religious Workers Sunset Date
Today, September 30, 2023, was the final day or the “sunset date” for Non-Minister Special Immigrant Religious Worker Program. On Dec. 29, 2022, the president signed into law H.R. 2617, which extended the program through September 30, 2023, to allow these workers to immigrate or adjust to permanent resident by that date. Congress had amended…
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