Family Litigation Articles

Clients sometimes ask whether there could be adverse immigration consequences as a result of their receiving various forms of public benefits.  Lately there has been confusion and misinformation circulating around this issue – in large part due to the leaking of documents that revealed the administration’s plan to change the definition of “public charge.” The…

This summer, U.S. Citizenship & Immigration Services (“USCIS”) issued a new policy increasing the scope of people who may receive a Notice to Appear (“NTA”) in removal proceedings, and also a new policy increasing an officer’s power to deny petitions or applications without issuing a Request for Evidence (“RFE”). Together, these policies create a streamlined process…

In 2015, the California legislature changed the state criminal laws regarding punishment for misdemeanors.  The state law previously said that misdemeanors were punishable by up to 365 days in county jail.  Under new section 18.5 of the California Penal Code, misdemeanors are now punishable by up to 364 days.  And in 2017, the California legislature…

  A federal judge in Northern California has issued an order temporarily halting the government’s decision to terminate Temporary Protected Status (TPS) for El Salvador, Haiti, Sudan and Nicaragua. TPS for these countries was set to terminate on various dates in 2018 and 2019; the earliest being Sudan which was set to terminate next month. …

The Board of Immigration Appeals overruled its prior decisions, and held that a conviction under California Penal Code §646.9(b) is not a ‘crime of stalking’ for purposes of INA §237(a)(2)(E)(i). Matter of Sanchez-Lopez, 27 I&N Dec. 256 (BIA 2018). Under the Immigration and Nationality Act (INA) “Any alien who at any time after admission is…

The Immigration and Nationality Act (INA) imposes a requirement that asylum applications must be filed within one year of the asylum seeker’s entry into the United States.  An asylum application filed more than one year after entry can be denied.  The failure to file within one year can be overlooked if there are changed circumstances…

Applying for asylum in the United States is a daunting process, especially for the many asylum seekers who do not have the benefit of an experienced attorney by their side.  Asylum can be granted to a person who is unwilling or unable to return to her home country because of persecution on account of race,…