Bolour Immigration Group

Los Angeles Immigration & Naturalization Law Blog

New Policy Update Concerning Notice to Appear

On October 1, 2018, United States Citizenship and Immigration Services (USCIS) began implementing a new policy to issue Notice to Appear (NTA) in cases where it has denied a benefit to an applicant if the applicant does not have any lawful immigration status. NTA is a document that instructs an immigrant to appear before an immigration judge on a certain date. The issuance of an NTA means the start of removal proceedings against the immigrant.

Applying for Asylum in the United States

On September 12, 2018, a settlement reached between the Department of Justice (DOJ) and lawyers representing the migrant families separated at the border under the current administration's "zero tolerance" migration enforcement policy. This settlement, if approved, will give those who have been ordered to be removed, but are still in the United States (U.S.) a second "credible fear interview."

Although this settlement is a significant step forward for migrant families participating in the current lawsuits, it will not set a precedent for future asylum seekers. However, future asylum seekers should continue to express their fear of persecution to a Customs and Border Protection (CBP) officer because seeking asylum is an international human right, and under the principle of non-refoulement, a country is barred from returning asylum seekers back to countries where they might face persecution.

Asylum law in the U.S. is derived from international human rights law, the 1951 Refugee Convention, which provides protection to individuals who are in the U.S. or at the U.S. border. For a person to qualify for asylum, he or she must first meet the international law definition of a "refugee." The 1951 Refugee Convention defines a refugee as someone who is unable or unwilling to return to his or her country of origin due to past persecution or a well-founded fear of future persecution for reasons of race, religion, nationality, political opinion, or membership of a particular social group.

You Have Civil Rights Regardless Of Your Immigration Status

8 C.F.R. 287.8(b)(2) provides that an immigration officer may briefly detain an individual only if the officer has "reasonable suspicion, based on specific articulable facts" that the person is engaged in an offense or is an alien illegally in the United States.  This regulation is designed to benefit persons and aliens in the United States.  

Asylum, the 1-Year Rule and the exceptions!

Under 8 U.S.C. 1158(a)(2)(B), an application has the burden of proving by clear and convincing evidence that he applied for asylum within one year of his arrival in the United States or, to satisfaction of the IJ, that he qualifies for an exception to the one-year deadline for the existence of "changed circumstances."  

Immigration: Victims of Certain Crimes May Qualify for U Visas

Immigration relief is available for crime victims; they may get U visas if they cooperate with the police! If you're an immigrant and have been victim of certain crimes, have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity, you might be eligible for a U visa!

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