New Rule on Asylum at Southern Border Violates Letter and Spirit of Asylum Law

The law as passed by Congress is very clear as to who may seek asylum in the United States.  Immigration & Nationality Act Section 208 states: Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable section 235(b).

Client of the Month: January 2017 Danieca Bugarin

Client of the Month: January 2017 Danieca Bugarin Danieca Bugarin Our January 2017 Client of the Month is part of our ongoing series of: “Dreamers that Trump can’t touch!”  Danieca Bugarin landed in San Francisco, CA on December 30, 2016, presented her immigrant visa, and was admitted to the U.S. as a permanent resident.  Her admission to the U.S. as a permanent resident looked so improbable for the past two years because Danieca was snake-bit when it came to immigration. 

What to Expect from Trump on Immigration on Day One

The shock over the results of Tuesday’s election of Donald Trump has not yet worn off.  After two days of triage in hearing from scared clients and friends, we are now forced to confront what will lie ahead for immigration policy in a new administration.  Before we go ahead though, it is important to point out a couple of things.  First, our take here is speculative- Donald Trump has never voted for anything as a legislator or taken action as a government official. 

I-601A Provisional Waiver Expansion Announced

The proposed expansion of the I-601A provisional waiver of inadmissibility due to unlawful presence has finally become a reality.  The President announced the expansion of the waiver as part of his November 2014 suite of executive actions designed to ameliorate the harsh results of strict enforcement of U.S. immigration laws. Of course, the heart of those reforms was deferred action for the parents of U.S. citizens, which remains delayed by an injunction imposed by a Texas judge which the Supreme Court punted on. 

The Great Green Card Procurement Announcement Internet Freak-Out of October 2014.

The Great Green Card Procurement Announcement Internet Freak-Out of October 2014. In the past two months, North Korean despot Kim Jung-un disappeared and reappeared.  And earlier this week, the U.S. government sought bids on a potential government contract.  Both events caused massive speculation but little information regarding critical policy issues. Those who watch the immigration issue with obsessive scrutiny noticed this week that the U.S. Citizenship & Immigration Service put out a request for bids for a contractor who could provide supplies to produce up to 34 million work permits. 

What Might Executive Action on Immigration Look Like?

As Facebook is crowded with pictures of kids going back to school, we must face the inevitable end of summer.  However, for immigrants, it is possible that the end of summer will bring long-awaited administrative relief from the Obama administration.  In June, President Obama went to the Rose Garden to state that, in the absence of legislation from Congress, he was going to use his executive power to address the harshness of U.S.

Confidentiality of Asylum Applications at Risk

Confidentiality of Asylum Applications at Risk If the internet is good for anything, it is exposing a person to articles and information one ordinarily would not encounter.  So it was when I stumbled across this article on Fox News Latino.  The article discusses the Mexican government’s statement that Gaston Azcarraga, the former owner of the defunct Mexicana Airlines was in the United States and seeking asylum.  At BR, we know nothing about Mr.

Good News on I-601A Provisional Hardship Waiver Applications!

Good News on I-601A Provisional Hardship Waiver Applications! Today, the US Citizenship & Immigration Service announced a fix to one of the more serious problems with the provisional waiver process for unlawful presence.  As you may know, the CIS instituted the I-601A provisional waiver process last year to allow immigrants who are immediate relatives of U.S. citizens but are also ineligible to seek residence in the U.S. due to unlawful entry to seek a provisional waiver of inadmissibility in anticipation of seeking a visa at the U.S.

Stateside Waivers Have Arrived

Sixty agonizingly long days after final regulations were published, U.S. Citizenship and Immigration Services (USCIS) this morning released Form I-601A, Application for Provisional Unlawful Presence Waiver, and its accompanying instructions. In previous posts, we discussed many aspects of the stateside waiver process (see here, here, and here). In this post, we’ll discuss some basic filing-related details. How much will it cost? The filing fee for Form I-601A is $585 plus $85 for biometrics for applicants under age 79.

Should I Seek a Provisional Waiver or Just Wait for Immigration Reform?

Should I Seek a Provisional Waiver or Just Wait for Immigration Reform? The optimism and hope that have been generated by all of the hype around immigration reform has been intense.  Every day, a new prominent political figure comes out in favor of immigration reform.  Look, Sean HannityCondoleeza Rice!  Was that closet really big enough for Fox News Chairman Roger Ailes? Eric Cantor and John Boehner now support the DREAM Act after voting against it in 2010!