Immigration Law News | Getson & Schatz

31 Mar Supreme Court Decision Protects Right to Immigration Advice When Entering Into a Criminal Plea Agreement

Posted at 00:46h in Uncategorized

In an extremely beneficial decision for criminal aliens, the United States Supreme Court held that criminal defense lawyers must advise their noncitizen clients about the risk of deportation if they accept a guilty plea. The Court recognized that current immigration laws impose harsh and...

04 Mar Update on Lawsuits Regarding Immigrant Detention

Posted at 00:47h in Uncategorized

When the Obama administration vowed to overhaul immigration detention last year, its promise of more humane treatment and accountability was spurred in part by the harrowing treatment of two detainees who died in the Bush years. But on Wednesday, the administration argued in federal court...

21 Feb K-3 Eligibility Ends when Approved I-130 is sent to NVC

Posted at 00:48h in Uncategorized

Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as...

27 Jan Board of Immigration Appeals holds that a Stepparent is a Qualifying Relative to Establish Exceptional and Extremely Unusual Hardship in a Nonpermanent Resident Cancellation of Removal Case

Posted at 00:50h in Uncategorized

A stepparent who qualifies as a “parent” under INA §101(b)(2), at time of proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under INA. Matter of Morales, 25 I&N Dec. 186 (BIA 2010)....

21 Jan Board of Immigration Appeals holds that Immigration Judges Have Authority to Make AC-21 Portability Determinations for Individuals in Removal Proceedings

Posted at 00:50h in Uncategorized

The American Competitiveness in the Twenty-First Century Act, (AC21) provides that an approved I-140 petition for employment based green card would remain valid even when an alien changes jobs, if: • Employment based Adjustment of Status I-485 has been filed and remained unadjudicated (pending) for...

07 Jan I-131 Rentry Permit Approved for Permanent Resident on Expedited Basis

Posted at 21:47h in Success Stories, Uncategorized

An I-131 Application for a re-entry permit was filed on an expedited basis in order for the permanent resident to be able to provide biometrics prior to a planned departure from the United States approximately 1 month after the filing. The expedited biometrics appointment was...

16 Dec Form I-360 Self-Petition Approved for Battered Husband

Posted at 21:38h in Success Stories, Uncategorized

The Violence Against Women Act authorized immigrants to self-petition using Form I-360 if they are a battered spouse married to a U.S. citizen or lawful permanent resident. Further, unmarried children under the age of 21, who have not filed their own self-petition, may be...

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