Family Litigation Articles

Family Litigation Articles

Board Revisits Crime of Stalking 609 547 Taiyyeba Safri Skomra
  • Taiyyeba Safri Skomra

Board Revisits Crime of Stalking

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…

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Important Victory For Asylum Seekers: DHS Ordered to Notify Potential Asylum Seekers of the 1 Year Filing Requirement 2000 1994 Amy Lenhert
  • Amy Lenhert

Important Victory For Asylum Seekers: DHS Ordered to Notify Potential Asylum Seekers of the 1 Year Filing Requirement

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…

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Ninth Circuit Reminds BIA That an Asylum Seeker’s Testimony May Be Enough to Prove Asylum When No Explicit Adverse Credibility Finding Has Been Made 1200 1197 Amy Lenhert
  • Amy Lenhert

Ninth Circuit Reminds BIA That an Asylum Seeker’s Testimony May Be Enough to Prove Asylum When No Explicit Adverse Credibility Finding Has Been Made

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,…

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SGG Litigation Gets a Win in CSPA Case 2298 1529 Amy Lenhert
  • Amy Lenhert

SGG Litigation Gets a Win in CSPA Case

Lorena (not her real name) was distressed when she first came to our office.  She just received a decision from the U.S. Citizenship and Immigration Services (USCIS) denying her application for permanent residence.  Lorena had applied for permanent residence based on a visa petition filed by her mother, who is a lawful permanent resident of…

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Two Year Work Permits for Spouses of Abusive H-1B Visa Holders Now Available 3423 2743 Andrew Grzegorek

Two Year Work Permits for Spouses of Abusive H-1B Visa Holders Now Available

Until recently, the majority of H-4 visa holders (derivative spouses of H-1B professional visa holders) were dependent on their H-1B spouses for income and for many, their survival.  Since 2015, H-4 visa holders have been permitted to work in the United States if they meet one of two very limited criteria.  However, most H-4 visa holders…

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SGG Advice Leads to Vacated Criminal Conviction 244 302 Taiyyeba Safri Skomra
  • Taiyyeba Safri Skomra

SGG Advice Leads to Vacated Criminal Conviction

“Mr. Jones,” a 65-year-old client who has been a lawful permanent resident (LPR) since the age of 4, desired to renew his green card. This may seem like a normal event; however, Mr. Jones had avoided renewing his green card for many years.  Without valid proof of his LPR status, though, he was unable to…

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