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New York Immigration & Naturalization Law Blog

DUI Conviction Not Necessarily Fatal to 42b Cancellation of Removal's Good Moral Character Requirement

Good Moral Character is a requirement for a hopeful applicant to be successful in their Cancellation of Removal for Nonimmigrants application.  The law is less than clear for many applicants as to what they are required to show.  The statute that defines Good Moral Character simply contains a non-exhaustive list of situations that preclude a cancellation applicant from being found to meet the requirement.

Overcoming Inconsistencies Where an Asylum Applicant Has Suffered Traumatic Abuse

People come to the United States for a variety of reasons, one of which is to flee persecution and seek protection through an asylum application. The very nature of fleeing persecution means that the applicant has endured harm that naturally impacts their psyche in devastating ways. That is because what constitutes persecution for asylum purposes are events of trauma, and the consequences of trauma are broad, severe, and long-lasting. Survivors of trauma do not cognitively function or behave in the same way as those who have not survived trauma. It is therefore common for individuals to make false statements to immigration authorities at the border and even have inconsistencies throughout their account of abuse.

Another YMF Asylum Victory Relying Upon Matter of A-R-C-G-

Jane was granted asylum by the immigration Judge due to years of abuse at the hands of her cousin in Ecuador.  

Jane entered the country unlawfully having crossed the US/Mexico border without permission in 2013. She was immediately detained and even issued an expedited order of removal while at a detention center. As she was being processed an officer asked her about why she came here and while she was reluctant, she decided to tell her story. The officer then referred her to an asylum officer who specializes in interviewing applicants who are fearful of returning to their home country. It was after being interviewed by an asylum officer that Jane's story was found to be credible. Her case was referred to the immigration Judge and she was released from the detention center.

A Long Path to a Green Card

Mr. Acosta came to Youman, Madeo & Fasano in March 2015 after hearing about our firm from our television show. Mr. Acosta had already been in removal proceedings for nearly ten years when he came to YMF and had prior counsel who had handled his case, but he was looking for a change. He had been living in the United States since 2000 when, in 2006, the government of Peru contacted Interpol and the Department of State and Mr. Acosta was arrested and placed in removal proceedings based on an accusation that he had committed genocide in Peru. He initially had a hearing on an asylum claim in 2008, but then the case switched course to adjustment of status through an approved marriage petition from his U.S. citizen wife. Because of the alleged charges against him, neither the Immigration Judge nor the Department of Homeland Security would agree to remand the adjustment adjudication to USCIS. Mr. Acosta met with Partner Raymond Fasano, to discuss his situation; Associate Attorney Christina Xenides was then assigned to work on the case.

A Long Path to a Green Card

Mr. Acosta came to Youman, Madeo & Fasano in March 2015 after hearing about our firm from our television show. Mr. Acosta had already been in removal proceedings for nearly ten years when he came to YMF and had prior counsel who had handled his case, but he was looking for a change. He had been living in the United States since 2000 when, in 2006, the government of Peru contacted Interpol and the Department of State and Mr. Acosta was arrested and placed in removal proceedings based on an accusation that he had committed genocide in Peru. He initially had a hearing on an asylum claim in 2008, but then the case switched course to adjustment of status through an approved marriage petition from his U.S. citizen wife. Because of the alleged charges against him, neither the Immigration Judge nor the Department of Homeland Security would agree to remand the adjustment adjudication to USCIS. Mr. Acosta met with Partner Raymond Fasano, to discuss his situation; Associate Attorney Christina Xenides was then assigned to work on the case.

Post-Election Immigration Policy Advocacy Efforts Begin at YMF

During the week before the presidential inauguration in January 2017, Monica E. Ahmad-Yee, who is the Managing Associate Attorney of the Jackson Heights, Queens office of YMF and the YMF Immigration Policy Advocacy Coordinator, submitted letters to numerous federal officials in support of the continued existence of Deferred Action for Childhood Arrivals (DACA). DACA is a program implemented under an order of the former U.S. Secretary of Homeland Security in 2012 allowing work authorization for certain individuals who entered the U.S. as minors. The correspondence was sent to U.S. Secretary of Homeland Security General John Kelly, U.S. Senate Minority Leader Charles Schumer, U.S. Democratic Whip Senator Dick Durbin, the Congressional Hispanic Caucus, and U.S. Representative Adriano Espaillat-the first person elected to Congress who was once undocumented. The correspondence highlighted the positive effects of DACA in the fields of real estate and architecture as the incoming administration considers whether to allow DACA to persist. DACA helps the U.S. to retain talent that promotes financial growth in the fields of real estate and architecture, areas in which President-elect Trump has shown a clear interest for decades. The purpose of the correspondence to various parties was to ensure that if it did not reach General Kelly directly, it could at least perhaps be forwarded to him or others close to him by Democratic elected officials who have demonstrated a commitment to immigrants' rights.

AILA Waivers Conference

AILA 2016 WAIVERS CONFERENCE by Melissa Dominguez and Rebecca Rook

On August 26, 2016 we had the opportunity to attend the American Immigration Lawyers Association (AILA) Conference on Waivers which took place in Chicago, Illinois. The Conference brought together Immigration Attorneys from all over the United States to discuss and gain knowledge on a variety of topics. It was all together a very educational and successful day in which we had the opportunity to meet attorneys from varying jurisdictions and honor YMF's commitment to always continue learning and keeping up with the latest trends in Immigration Law.

It's about time we received some good news on Immigration!! The Final Rule for the Expanded Provisional Waiver !!

If feels like 2016 has been a bit of a rollercoaster for those of us in favor of sensible immigration reform. The anticipation for DAPA/Expanded DACA led us through the highs and lows of Federal Court litigation and culminated with last month's disappointing decision from the Supreme Court. However, while the media focus and political debate centered on this litigation, some of us were holding our breath on what potentially is a bigger opportunity for the undocumented - - the Expansion of the Provisional Waiver for Unlawful Presence.

THOUGHTS AND TAKEAWAYS FROM THE 19TH ANNUAL FEDERAL BAR ASSOCIATION: IMMIGRATION LAW CONFERENCE

Last week, I had the opportunity to attend the 19th Annual Immigration Law Conference hosted by the Federal Bar Association for the first time. This year's conference took place in New Orleans, Louisiana. Upon my arrival at the conference, which was held at the New Orleans Marriott, I immediately noticed the feeling of collective interest among the participants, all of whom were eager to share and contribute knowledge in the field of immigration law. Top practitioners from all over the country participated in the various events, including members of the private bar, distinguished judges and government employees from different agencies such as the U.S. Department of State, the Department of Justice, and the Department of Homeland Security, speaking candidly about key issues relating to their areas of expertise.

H. Raymond Fasano presents panel on Cancellation of Removal with Immigration Judge and DHS Assistant Chief Counsel in New Orleans

I had the distinction and honor of presenting a panel entitled Cancellation of Removal: permanent resident and non-permanent resident at the 19th Annual Federal Bar Association Immigration Law Conference. My fellow panelists included Hon. Denise Slavin, EOIR Immigration Judge Baltimore, MD, Charlotte Marquez Assistant Chief Counsel, DHS New Orleans, LA and private attorney Rosie Milano. Ms. Milano did a masterful job moderating this panel.

All of our Attorneys are active members of the American Immigration Lawyers Association

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