Tag: Linda A. Dominguez

Persons who wish to serve in the US military and are not citizens can do so if they are lawful permanent residents (have a green card). Or can they? While the websites for the US military all claim that anyone with a green card is at least eligible to apply to join, the reality is that since October 2017, the active duty military, as well as the reserve units, cannot allow someone who is not a citizen of the US to enlist. The reason for such a policy is that Gen. Anthony Kurta, who has been nominated to be the […]

Cancellation of Removal Part 3 If a person is battered or subjected to extreme cruelty by a US citizen spouse or parent (or a spouse or parent with a green card), or is the parent of a child who was battered or subject to extreme cruelty, then they may get lawful permanent residence (“green card”) under Section 240A(b)(2) of the Immigration and Nationality Act (INA) through the Immigration Court. They do not need to be separated or living apart from the spouse or parent who is committing the battery or extreme cruelty in order to apply for this form of […]

There is an increasing volume in the shouts of fear and rage against people having “anchor babies” in the United States. However, does anyone know exactly what that phrase means? It’s a nasty label given to a child born in a country of which the pregnant mother is not a citizen in an effort to provide an immediate way to gain citizenship (or lawful status, at a minimum) for the parent. While that may work in some countries, it is not an option in the US.

A draconian Senate bill aims at overreach to attack immigrants and allies While everyone has been watching the series of tweets since January 20th, Congress has been working quietly to change certain language with the hope of a presidential signature to make them new law. So far, there is no new law in place but the bills being proposed are scary to think about.

When a person is able to reside in the US without being caught by Immigration and Customs Enforcement (“ICE”) officers for at least ten years, they are eligible for cancellation of removal as a nonimmigrant. This means that they can apply for permanent resident status before the Immigration Court if they can demonstrate several things:

Or how not to reform immigration laws of the US On February 13th, 2017, two Republican Senators introduced Senate bill 354 – the “Reforming American Immigration for Strong Employment Act” or the RAISE Act – to the Senate, which referred it to the Senate Committee on the Judiciary. It has not been voted on by the full Congress nor has it been sent to the White House for signing into law. So, nothing that follows is currently the law and anyone who says otherwise is just trying to frighten people. Senate Bill 354 is a proposal of what these two […]

The Fourth Circuit Court of Appeals issued a decision on the preliminary injunction by the US District Court for the District of Maryland against enforcement of both the first Executive Order (“EO-1”) and the second Executive Order (“EO-2”) on May 25th, 2017, and then amended the decision on June 15th, 2017. The Fourth Circuit stated that the main issue in the case was whether the US Constitution “protects Plaintiffs’ right to challenge an Executive Order that in text speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination.” The court found that the […]

Removal proceedings (also called “hearings”) in the US are conducted by the Executive Office for Immigration Review (“EOIR”), Office of Immigration Court (“IC”). An immigration judge is an employee of EOIR and, generally, is a lawyer who has experience in immigration law prior to becoming a judge. Immigration Courts preside over cases within their geographical jurisdiction, i.e., the Baltimore IC handles all cases for persons who live within the State of Maryland; the Newark IC handles all cases for persons who live within the State of New Jersey, etc. If a person decides to move to a location outside of […]

There are many ways to get legal permission to work in the U.S. – proof of that permission is an Employment Authorization Document (“EAD” or work permit), which Citizenship and Immigration Services (“CIS”) issues. The EAD is issued once CIS approves an application (Form I-765) for the EAD, which must have a basis other than “I want to work in the U.S.” The EAD has a picture of the person, his or her name, date of birth, A-number (the case number assigned by DHS to that person), and the dates of issuance and expiration. It also contains the section of […]

Asylum is a form of relief from removal that is granted if a person is able to prove that he or she will be harmed on return to their native country. The applicant must file the application (Form I-589) within one year of their entry into the U.S., whether they enter legally or not. The person must prove that they belong to one or more of several groups facing harm, on the basis of political opinion, nationality, or membership in a particular social group or religion. The individual must prove that he or she has suffered past persecution or has […]