GTHOMAS
Fri, Apr 20, 2018

Violation of Due Process Under Trump Presidency

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The new administration is authorizing CBP and even local police to search phones and verify your immigration status.  Can you believe that a US born NASA scientist was detained at the border until he unlocked his phone to CBP.  As such, it is very imperative to carry a copy of proof of your legal status in the US.  If you are an LPR, please carry a copy of your card with you, if you have been granted asylum, please carry the order, if you have a pending case, please ensure that you have your work permit and proof of a receipt of a pending case either with USCIS or the Immigration Court.  Also be prepared that your phone could be searched, if you are stopped. It is a new Trump presidency with many rules.   

How will the H1-B visa process change due to a Trump presidency?

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Massive Deportations by President Trump

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President Trump will initiate massive deportations against illegal immigrants and will erode many of immigrants due process through something called "expedited removal Proceedings".  To protect your rights, you need an experienced immigration attorney to stand up for your rights. 

https://thinkprogress.org/immigration-raid-los-angeles-2bfdbc0f177d#.nzjsr6vbu

 

Waiting for Answers

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By  

 

After a weekend of chaos at the nation’s international airports, it’s still unclear how many people are being held in detention as a result of President Trump’s executive orders pausing the U.S. refugee program and temporarily blocking entry for nationals of seven Muslim-majority countries.

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Updating Fingerprints for Court

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If your case is in Immigration Court, your background checks must be "current" at the time of each hearing.  Generally, this has meant that you must have been fingerprinted prior to each hearing, as the fingerprint results are only valid for 15 months.  However, this process may soon be changing.  If the changes go through, instead of you being required to go in for fingerprints, the government will first try to rerun your background checks with the fingerprints on file.  If they are not able to do that, they will schedule you for a fingerprint appointment and notify you by mail.  While generally this will make the process easier, it also means you must ALWAYS notify the Court of EXACTLY where you are living.  If you do not tell the Court, you will not get notice of the fingerprint appointment, and there will be negative consequences for your case.  So please, as soon as you move, notify your attorney to update the address with the Court.

Here legally, but facing deportation

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Customs and Border Protection agents at Los Angeles International Airport (LAX) are still trying to deport travelers from blacklisted Muslim-majority countries, despite a federal court order halting the practice, according to immigration lawyers. Now, the American Civil Liberties Union (ACLU) of California has filed a lawsuit in response. 

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Prosecutorial Discretion

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Closing cases for prosecutorial discretion (PD), has become a somewhat common practice at the Los Angeles, and other, Immigration Courts.  What people may not know, is what PD actually means.  Essentially, it means that the Government does not think that an individual is a danger to the community, so they are exercising their discretion not to prosecute the case.  If the Judge agrees with the Government's request for PD, it will take your case off of the Immigration Court's calendar.  The case still exists, but unless either you or the Government ask, it will not come back in front of the Judge.  A grant of PD will allow you to remain in the United States, and renew your work permit, indefinitely.  If you were to become eligible for some kind of permanent status, through marriage, or your children, then you could ask that the Judge permanently close the case.  On the other hand, if you were arrested for some kind of crime, the Government could ask that the case come back before the Judge to proceed.

It is important to note, that PD is not right for everyone, because it is NOT a path to any sort of permanent status.  It is important to discuss your options with a lawyer before you make any sort of decisions about whether you want PD, and to determine if you are even eligible for it.

TRUMP eliminates Prosecutorial Discretion

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ICE wil be eliminating prosecutorial discretion and will ensure that all illegal immigrants defend their removal proceedings before the Immigration Courts.  Assuming you have an approved an I-130 petition by your US citizen spouse, normally, ICE would have agreed to terminate proceedings, to allow you to adjust before the USCIS.  No more, cases will have to be presented and adjudicated before the Court.  Further, illegal immigrants with no crimes were previously able to administratively close their removal proceedings and work in the US, No more,now,  these aliens will have to fight their cases in Courts and face imminent removal proceedings.  

Keep Your Records

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During the immigration process, you will likely receive a lot of paperwork from the United States government.  This can include receipt notices, fingerprints, transfer notices, approvals, and more.  Because the process from first coming to the United States until you are hopefully able to become a citizen can take many years, it is important that you hang on to every bit of paper that you get.  You never know if something that you received five or even ten years ago may be needed today.  We recommend that you keep a folder with all the documents related to your immigration file and have it in a safe place, that way, if your attorney asks you for a specific document, you know exactly where it is.

What's at Stake in Trump's Troubled Travel Ban

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BY JASON MCGAHAN WEDNESDAY, FEBRUARY 8, 2017 AT 7:31 A.M. L.A. WeekLY

On Jan. 30, three days after President Donald Trump banned travelers from seven mostly Muslim countries, a Turkish Airlines flight from Istanbul landed at Los Angeles International Airport carrying a 30-year-old Iraqi passenger named Alan Abdullah. Abdullah has a green card, which he was able to obtain after moving to the United States with his family last year. Prior to that, he had earned a special immigration visa in exchange for his service to the United States military. For seven years he was an interpreter for the Army in the northern region of Kirkuk, and he was wounded twice. In 2006, at the age of 20, he was on foot patrol with an American GI in a restive and violent area of Kirkuk Province known as al-Rashad when the soldier stepped on a concealed explosive device. The detonation blew off both of the soldier's legs. Abdullah was wounded by shrapnel from the explosion. A year later, in 2007, the Humvee in which he was patrolling struck a bomb, and he survived a second explosion.

 

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Long Wait with USCIS?

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More and more often these days, it seems like USCIS is delaying the adjudication of certain petitions.  While these delays can be frustrating, they are part of the process, due to the large volume of applications the USCIS receives.  However, if your application goes beyond a certain point, you may be able to sue the government in order to force adjudication of your application.  This is called a Writ of Mandamus.  You will need to be able to show that you have tried everything else you can to request that they adjudicate your case, and they still did not do it.  These Writs are a last resort, and it is important to consult with your attorney to see if you are even able to file one.  But, they are a light at the end of the tunnel, and provide some hope to people who have been waiting on their petitions for years.

Helpful U.S. Immigration Links

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Here you will find many helpful links to the U.S. Department of Homeland Security Citizenship & Immigration Services.