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US Immigration Law
US Immigration Law Wiki
TRUMP 2025
All the shit Trump is doing in his second term to make America white again.
CRIMINAL LAW
Criminal statutes and basic criminal law (mostly as it related to immigration law).
REFERENCE MATERIAL
Contains the Glossary, Bibliography, Terms of Use, Privacy Policy, and other reference material.
ICE CUSTODY (Immigration Detention/Bond)
Ways to Get Out of Custody: Bond hearings, custody determination hearings, custody redetermination hearings (joseph hearings), requests for parole from custody, habeus petitions, and challenging prolonged detention. Information About Custody How to find so...
Law Generally
Other areas of law that are not Immigration or Criminal. All other legal junk.
SCOTUS CASES
Various SCOTUS cases
REMOVAL PROCEEDINGS
Defending respondents in immigration removal proceedings.
ASYLUM
Asylum Law
VISAS
US Immigrant and Nonimmigrant Visas
Citizenship
US Citizenship & Naturalization
PROTECTING THE AMERICAN PEOPLE AGAINST INVASION
PROTECTING THE AMERICAN PEOPLE AGAINST INVASIONEXECUTIVE ORDERJanuary 20, 2025
Alien Registration Requirement
On Jan. 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of th...
SPECIAL VISAS
Special Visas that are issued to particularly vulnerable individuals and people with special circumstances. These include: Special Immigrant Juvenile Status (SIJS) VAWA U Visa
Inadmissibility
Grounds of inadmissibility rendering an applicant ineligible for admission to the US on a visa: Criminal Convictions; Drug Addiction; Fraud or Misrepresentation; Unlawful Presence in the United States; Public Charge; Unauthorized Employment; Controll...
Drug Offenses
Deportable Aliens
CALIFORNIA
California Criminal Law CA PC Petty Theft Theft Credit Card Fraud Presenting False ID California Criminal Jury Instruction
Immigration Consequences For Criminal Matters
What are the immigration consequences of criminality, generally.
Glossary
Glossary of terms
Employment Authorization
All the information regarding the coveted "work permit" or EAD.
Dealing With ICE
Appeals & Motions to Reopen/Reconsider
In a Car
Terry Stops
Terry v. Ohio Citations: 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889, 44 Ohio Op. 2d 383, 1968 U.S. LEXIS 1345 Docket Number: 67 Judges: Black, Douglas, Harlan, Warren, White Other Dates: Argued December 12, 1967 When a police officer can stop and s...
Military Parole in Place
Parole in place for the family members of active duty or former military service members
Law Generally
General legal information (not immigration related).
Applications for Relief
Applications for Relief from Removal
Motions
Motions in EOIR, Immigration Court.
Immigration Court Generally
General information about Immigration Court
CREDIBILITY
Immigrant Visas
Visas for immigrating to the United States
Particular Social Group (PSG)
Formulating a successful PSG for asylum. Family Membership LGBT
VAWA (Violence Against Women Act)
Special Immigrant Juvenile Status
Special Immigrant Juvenile Status (defined properly at Immigration and Naturalization Act, § 101(a)(27)(J) (codified at 8 U.S.C. § 1101(a)(27)(J)) is a minor (under the age of 21) who has been separated from one or both of their parents due to abandonment, neg...
U Visas
U Visas for the victims of qualifying crimes.
Medical Grounds of Inadmissibility
New York Drug Law
Theft
Stolen Property
California Penal Code Section 496(a) PC: Receiving Stolen Property.
Relief Available With An Aggravated Felony Conviction
What relief is available to a person in removal proceedings who has been convicted of an aggravated felony.
Basics
Nexus
Nexus between the PSG and the harm/persecution.
SPECIFIC NEW YORK OFFENSES
CIMT's
CIMT's and their consequences. When do two CIMT's arise from the same scheme?
Crimes
Money Laundering
PROCEDURAL
Notice to Appear Pleadings Motion Practice Objections Timely Objections Time-Barred Relief or Motions Claim-Processing Rule
Form 42A, Cancellation of Removal for Permanent Residents
42A CANCELLATION OF REMOVAL Practice Advisory Helpful practice advisory with information about eligibility requirements. https://www.ilrc.org/sites/default/files/resources/relief_cancellation_removal_lpr_11.2020.pdf INA § 240(A)(a) INA § 240A (8 ...
ASYLUM (defensive)
REGULATIONS 8 CFR §1208.4 Filing the application 8 CFR § 1208.4(a)(4) Changed Circumstances (i) The term “changed circumstances” in section 208(a)(2)(D) of the Act shall refer to circumstances materially affecting the applicant's eligibility for asylum. The...
Credibility
Credibility When applying for relief or protection from removal, an applicant has the burden of proof. INA § 240(c)(4)(A). In all applications for relief, the Court must first make a threshold determination of an applicant’s credibility. INA § 241(b)(3)(C); M...
Fourth Circuit Case Law
Fourth Circuit Case Law on Credibility When making an adverse credibility finding, the Court must provide “specific, cogent reason[s].” Figeroa v. INS, 886 F.2d 76, 78 (4th Cir. 1989). “Examples of specific and cogent reasons include inconsistent statement...
Family-Based Petitions
FAMILY-BASED VISA PETITIONS PARENTS PETITIONING FOR CHILDREN The age and marital status of your children are important factors in the immigration process. For immigration purposes, a “child” is an unmarried person under 21 years of age. A “son” or “daughter”...
Burden of Proof in Visa Proceedings
BURDEN OF PROOF FOR A VISA A. Burden of Proof The burden of proof to establish eligibility for an immigration benefit always falls solely on the benefit requestor.[1] The burden of proof never shifts to USCIS. Once a benefit requestor has met his or her...
Immediate Relative & Family Preference
Family Based Immigration A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is...
Establishing Eligibility for Asylum
Establishing Eligibility For Asylum Legal Authorities Statutes Immigration and Nationality Act (INA) INA §§ 101(a)(42)(A), 208(b)(1) Title 8 of the U.S. Code Regulations Title 8 of the Code of Federal Regulations (8 C.F.R.) 8 C.F.R. §...
Persecution
What is persecution? Severe harm or suffering May involve physical violence Non-physical violence may also constitute persecution Example: deliberate imposition of severe economic disadvantage or deprivation of liberty, food, housing, employment, or edu...
Unable or Unwilling
Establishing that the Government is "Unable or Unwilling" to Protect the Respondent REQUIREMENT An applicant for asylum and withholding of removal has the burden to establish past persecution or fear of future persecution “on account of race, religion, nati...
PSG REGULATIONS
PSG REGULATIONS 8 CFR 208.1(c) Particular social group. For purposes of adjudicating an application for asylum under section 208 of the Act or an application for withholding of removal under section 241(b)(3) of the Act, a particular social group is one that...
LGBT Particular Social Group Cases
LGBT Particular Social Group The applicant must prove that the persecution they fear in the future is motivated by their actual or imputed membership in a PSG. Since 1994, when Attorney General Janet Reno designated Matter of Toboso-Alfonso as precedent, “hom...
Recognized PSG's
TESTIFYING AGAINST GANG MEMBER OR OTHERWISE COOPERATING WITH LAW ENFORCEMENT Matter of H-L-S-A-, 28 I&N Dec. 228 (BIA 2021). Summary of the Facts Mr. H-L-S-A-, the applicant, a Salvadoran national, was removed from the United States pursuant to an in absen...
Formulating PSG's
Formulating a PSG During the past decade, it has become increasingly important that attorneys formulate PSGs carefully and with a clear understanding of the current law in their jurisdictions. Moreover, since PSG claims are now more likely to result in federa...
Safe Third Countries
Dual Citizens Zepeda-Lopez, et al. v. Garland, No. 19-145 (2d Cir. 2022) Case Summary Petitioners sought review of a December 14, 2018, decision of the Board of Immigration Appeals (the "BIA") affirming a decision of an Immigration Judge (the "IJ") denying ...
Termination of Removal Proceedings for Naturalization
TERMINATION OF REMOVAL PROCEEDINGS FOR NATURALIZATION A noncitizen *does not*need to submit proof of a pending naturalization application to seek termination for naturalization. 8 CFR § 1003.1(m)(1)(ii)(B), 1003.18(d)(1)(ii)(B).The new regulations establish t...
Applying for Naturalization (US Citizenship)
Filing Fees (changed in 2024) ~NO BIOMETRICS FEE~ Standard Filing Fee: $760 Standard Online Filing Fee: $710 Reduced Filing Fee: $380 (Applicants with a household income between 150% - 400% Poverty Guidelines) Fee Waiver: $0 (Applicants with househol...
Citizenship Resources
STUDY FOR THE CIVICS TEST Preparing for the Naturalization Test: A Pocket Study Guide English All 100 Civics Questions & Their Answers Civics Practice Test (English) [Tarjetas de Educación Cívica para el Examen de Naturalización](Tarjetas de Educación Cívi...
Exceptions to the English Requirement
EXCEPTIONS TO THE ENGLISH EXAMINATION FOR US CITIZENSHIP Exceptions [INA 312(b)] Educational Requirements **English: Read, write, speak, and understand** **Civics: Knowledge of U.S. history and government** Ag...
2024 Changes to Naturalization Filing Fees
CHANGES TO N-400 FILING FEE IN 2024 - PDF 2024 changes to N400 filing fees.pdf 2024 changes to N400 filing fees.pdf 2024 changes to N400 filing fees.odt ODT FILE (word file) FILING FEE AMOUNTS Standard Filing Fee: $760 Standard Online Filing Fee: $710 ...