Our Blog

Legislation Introduced to Aid Northern Triangle

Armed criminal gangs and illicit trafficking organizations have made El Salvador, Guatemala, and Honduras some of the most volatile places to live. With incidents of violent crime, murder, and corruption growing every year, we are seeing the largest numbers of...

Immigration

Untruthfulness Doesn’t Show Good Moral Character

In a recent case brought before the Board of Immigration Appeals (BIA), a native and citizen of Mexico seeking cancellation of removal was denied benefits for not proving his good moral character before the courts by being untruthful about his criminal history....

Counsel

Immigration Appeals Find Error In Placing the Burden of Proof

In a petition for review brought before the United States Court of Appeals, a case involving a citizen of Latvia who married a U.S. citizen was seeking to have the conditions removed from her permanent residency. To obtain unconditional legal permanent...

USCIS

Lawsuit Seeks Clarity in H-1B Lottery

Every year on the first business day of April, the U.S. Citizenship and Immigration Services (USCIS) make available a limited amount of H-1B nonimmigrant visas for U.S. employers to hire experienced foreign professionals. The available visas are capped at 65,000...

Prosecutorial Discretion

Don’t Let the Category Fool You

In a case brought before the Board of Immigration Appeals, the question of whether the current scope of a crime of child abuse, child neglect, or child abandonment was broad enough to include the offense of endangering the welfare of a...

Immigration

Arrest vs Conviction: How this can affect your Visa Application

In a recent meeting between American Immigration Lawyers Association (AILA) and United States Citizenship and Immigration Services (USCIS), the question was asked as to why the Department of State was revoking more non-immigrant visas based on an arrest and not a...

Immigration

Immigration Court and Asylum System Backlog Calls for Change!

Have you ever wondered "Why does it take so long for immigration cases to be processed?" You wouldn't be the first or the last to ask for an explanation. In a recent public event, the Executive Office of Immigration Review (EOIR) as...

Deportation

Deferred Action for Parents of Americans (DAPA) Before Supreme Court

Today the U.S. Supreme Court granted the Obama administration's petition for review of US, ET AL. V Texas, ET AL. On November 20, 2014, President Obama announced a new deferred action program called Deferred Action for Parents of Americans, also known...

Prosecutorial Discretion

Plea Withdrawal When 725 ILCS 5/113-8 Court Advisement Is Given

In Illinois, a criminal defendant can file a motion for plea withdrawal within thirty days of the guilty plea. Prior to the plea a court is required to give the following admonishment to non-citizen defendants. (725 ILCS 5/113?8) Sec. 113?8....

Criminal

Plea Withdrawal Where Immigration Consequence Was Not Explained

In People v. Valdez, 2015 IL App (3d) 120892 (May 19, 2015) an Illinois Appellate court held that it was an error to deny a non-citizen Defendant's guilty plea withdrawal where his attorney failed to communicate clear immigration consequences. In Valdez, a...