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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
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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
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
EB-5 Visa: Gamble or Guaranteed Green Card?
Given the long wait times, I’ve been recently been asked by clients if they should try to “buy their way” into the US. What they are referring to is the EB-5 or investor’s visa. To qualify, an investor must: Invest a minimum $1 million (unles…
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Categories: Immigration Law
A Fatal Ending for a Family Forced Apart by Immigration Law
The tale of the Enscalada family is sad because it demonstrates: (1) the harsh reality of current immigration laws, (2) how lack of counsel or poor legal advice may have contributed to this tragic ending, and (3) the uncertainty and difficulties of c…
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Categories: Immigration Law
Haitian Humanitarian Parolees Eligible for Medicaid
The Centers for Medicaid & Medicare Services (CMS) has determined that Haitians granted humanitarian parole as a result of the earthquake are eligible for Medicaid. Normally, individuals granted humanitarian parole are considered non-qualified al…
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Categories: Immigration Law
Certain Haitian Orphans Eligible for Humanitarian Parole
Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that a humanitarian parole policy would be implemented to allow certain Haitian orphans to enter the United States to receive the care they need. To be eligible for huma…
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Categories: Immigration Law
Designation of Haiti For Temporary Protected Status (TPS)
In response to the earthquake in Haiti, Secretary of the Department Homeland Security Janet Napolitano announced the designation of Haiti for temporary protected status (TPS) for a period of 18 months. TPS allows for eligible Haitians who are current…
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Categories: Immigration Law
Child Support Payments Do Not Count Towards U.S. Citizen’s Obligation to Support Spouse
In a precedent decision, Judge Catherine C. Blake of the U.S. District Court of Maryland ruled that child support payments do not count towards a U.S. citizen’s obligation under the Affidavit of Support. The Affidavit of Support, more commonly…
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Categories: Immigration Law