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Removing of Conditional Residency
Joint Petition If the couple is still married and cooperative after the two year period, they must file a form I-751, Joint Petition to Remove Conditions on Residence, within 90 days before the conditional residency period ends. The expiration date i…
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Categories: Immigration Law
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Virginia Attorney General Concludes State Law Enforcement Officials May Inquire Into Immigration Status
In an advisory opinion, Virginia Attorney General concluded that Virginia state law enforcement officials may inquire into the immigration status of a person who is stopped or arrested. The advisory opinion was provided in response to a request from…
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Categories: Immigration Law
All About Sponsoring an Immigrant - Your Rights, Your Obligations
Individuals who would like to help their relatives come to the United States can do so by becoming their sponsor. You can sponsor a relative if you are a U.S. citizen or a legal permanent resident. You must show that you have adequate financial means…
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Categories: Immigration Law
Is My Child Already a U.S. Citizen?
All too often clients come to the firm wanting to adopt their niece, nephew, or grandchild believing that this is the easiest way to allow their niece, nephew, or grandchild to remain in the United States legally. First, they are usually disappointed…
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Categories: Immigration Law
Temporary Protected Status (TPS) Designation Extended for Honduras and Nicaragua
USCIS announced that TPS will be extended for Honduras and Nicaragua for 18 months from its current expiration date of July 5, 2010, through January 5, 2012. To be eligible for re-registration, you must have (1) previously registered for TPS and your…
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Categories: Immigration Law
Noncitizens Reaching Out To The IRS
As Tax Day 2010 approaches, the IRS reports that requests for Individual Taxpayer Identification Number (ITIN) have tripled over the past ten years. ITINs allow people who are required to pay taxes for earned income, but who are not otherwise eligibl…
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Categories: Immigration Law
Padilla v. Kentucky – Noncitizen Defendant Has Sixth Amendment Right To Competent Counsel
In a historic decision, on March 31, 2010, the U.S. Supreme Court held that the Sixth Amendment requires defense counsel to provide affirmative, competent advice to a noncitizen defendant regarding the immigration consequences of a guilty plea. In th…
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Categories: Immigration Law
Border Check Works Both Ways
While it’s common knowledge that Customs and Border Patrol (CBP) routinely checks passengers arriving from international destinations for irregularities such as past criminal convictions and outstanding warrants, today it would appear CBP has exten…
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Categories: Immigration Law
Sentenced to [Married] Life To Avoid Jail Sentence
Frederick Wood of Maryland may have avoided jail time today by marrying the alleged victim. Back in November 2009, Wood was involved in a domestic altercation with his then girlfriend. The police report noted several injuries to the girlfriend. On Ma…
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Categories: Family Law
E-Verify or E-Deny
Compared to my colleagues, I am by far the most politically inactive immigration attorney I know. Yes, I vote, but as a matter of civic duty more than anything else. However, yesterday I felt compelled to spend the afternoon at the state Senate waiti…
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Categories: Immigration Law