Author: Joseph Caraccio
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THREE/TEN-YEAR UNLAWFUL PRESENCE BARS CAN RUN IN THE US
UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds of inadmissibility, the three- and ten-year bars at INA § 212(a)(9)(B) penalize people who are present in the US. without any lawful immigration status for more than 6 months and 12 months respectively. This could be overstaying a visa by failing to depart the US.…
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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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Parole for Eligible Afghan Parolees Extended
On June 8, 2023, the U.S. Department of Homeland Security announced that certain eligible Afghan parolees would be considered, on a case-by-case basis, for an extension of their initial period of parole and employment authorization. To be considered for an extension, eligible Afghan parolees must have a pending application with U.S. Citizenship and Immigration Services (USCIS) for…
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Extension and Redesignation of Ukraine for TPS
The Department of Homeland Security (DHS) announced the extension and redesignation of Ukraine for Temporary Protected Status (TPS) for 18 months from Oct. 20, 2023, through April 19, 2025. DHS also posted a Federal Register notice for public inspection. The extension and redesignation of Ukraine for TPS allows existing beneficiaries to re-register to retain TPS through April 19, 2025,…
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When or Where is my Immigration Court Hearing?
How to check your immigration court hearing date and time. How to find out if you have an immigration court hearing. Check immigration hearing date. What is my immigration hearing location?
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Special Immigrant Juvenile Adjustment of Status
WHO IS ELIGIBLE TO ADJUST STATUS TO A LEGAL PERMANENT RESIDENT THROUGH SIJS? In order to adjust status as a special immigrant juvenile, the applicant must: 1) be eligible to adjust status, 2) have an immediately available visa, and 3) demonstrate that they merit a favorable exercise of discretion. What is my priority Date and…
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HOW TO: CHECK YOUR SELECTIVE SERVICE REGISTRATION
WHAT IS THE SELECTIVE SERVICE? The Military Selective Service Act requires that all men (including anyone whose gender was assigned as male on their birth certificate) living in the United States register with the Selective Service System (SSS) within 30 days of their 18th birthday. The SSS is used by the U.S. government in times…
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INDIVIDUAL TAX IDENTIFICATION NUMBER (ITIN)
What is a ITIN? Who can get a TIN? How do I get a TIN? How do I pay taxes without having a social security number? How do I file taxes as undocumented immigrant?
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WHAT IS INA 245(i)?
What is Section 245(i) of the Immigration and Nationality Act? Section 245(i) of the Immigration and Nationality Act (INA) allows certain noncitizens physically present in the United States to adjust status to a lawful permanent resident despite being ineligible to adjust status under INA 245(a) because they entered the United States without inspection, violated their…
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Residency Category Codes
Immigrant Classes of Admission A lawful permanent resident (LPR) or “green card” recipient may live and work anywhere in the United States and may apply to become U.S. citizens if they meet certain eligibility and admissibility requirements. The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR…
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What to do if You missed your Hearing & Were Ordered Removed
If you missed an immigration court hearing, you most likely received a removal order for being absent (an in absentia removal order). You can take to try to reopen your case but it is important that you file a motion to reopen as soon as possible. You are obligated to act as soon as you…
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USCIS GUIDANCE FOR STATELESS INDIVIDUALS IN THE United States
It is unclear what the purpose of this announcement was but DHS issued this statement today and sent out an email blast to let everyone know. Link to press release. WASHINGTON – The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), today issued new guidance to assist stateless noncitizens in the United…
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UPDATE TO FORM I-9
Form I-9, Employment Eligibility Verification 08/01/2023 09:59 AM EDT Edition Date: 08/01/23. After Oct. 31, 2023, the prior version of Form I-9 will be obsolete and no longer valid for use. NOTICE: Starting Nov. 1, 2023, employers who fail to use the 08/01/23 edition of Form I-9 may be subject to all applicable penalties under…
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TEMPORARY PROTECTED STATUS (TPS)
Temporary Protected Status The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of…