If you or a loved one is facing removal proceedings, you may see INA §237(a)(1)(A) listed as the basis for deportation. This section of immigration law is one of the most commonly charged grounds of removability, and it often comes as a shock especially to people who believed they entered the US legally. The good … Read more
Prosecutorial discretion (PD) is one of the most powerful and misunderstood tools in US immigration law. When used correctly, it can pause deportation, close immigration court cases, cancel removal orders, and protect families from separation. At The Messersmith Law Firm, we help immigrants and their families request and obtain prosecutorial discretion from ICE, DHS, and … Read more
INA 212(a)(7)(A)(i)(i) Expedited Removal When applying for entry to the United States, a foreign national in possession of a valid visa must demonstrate to the CBP officer at the port of entry that they are eligible to enter in the visa classification requested. For example, a B2 tourist must demonstrate that they will return home … Read more
My husband just received a Notice to Appear (NTA) and is being deported. I heard that he can get voluntary departure and come right back in. Is that true? It is possible. However, if your husband is removed, he will be barred from entering the US for ten years unless he can obtain a waiver. If he is qualified … Read more
US Department of Homeland Security Secretary Janet Napolitano recently announced that widows of US Citizens will be granted deferred action for two years. Previously, foreign nationals who married US citizens via the Marriage Green Card but whose US citizen spouse died before they were able to obtain benefits were not eligible for immigration benefits. The … Read more
On May 11, 2009 the US Department of State designated Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan as “countries of particular concern” for religious freedom violations. While this determination was made in connection with any immigration laws, it can be used to support certain types of immigration petitions where the applicant … Read more
Cancellation of removal for nonpermanent residents allows foreign nationals in the US who are currently in removal proceedings to remain in the US an obtain permanent residency (green card). Removal may be canceled if the application meets the following four conditions: 1. The applicant is currently in removal proceedings because he or she is inadmissible … Read more
Cancellation of removal is a form of discretionary relief available to all lawful permanent residents (LPRs) who are in removal proceedings. Removal may be cancelled if the application meets the following four conditions: 1. The applicant has been an LPR for at least five years; 2. The applicant has resided continuously in the US for … Read more