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Since 2020, U.S. immigration officials have used a rule known as Title 42 to expel certain immigrants who were accused of crossing the border illegally without following the standard deportation procedures. While Title 42 was initially put in place during Donald Trump’s presidency, it has continued to be used during the administration of President Joe Biden. However, a federal judge recently issued a ruling that struck down this policy, and this may allow some immigrants to avoid expulsion and make their case for why they should be able to remain in the United States.
What Is Title 42?
During the
Continue Reading Federal Judge Orders End to Expulsions of Immigrants Under Title 42

Receiving a green card is a dream come true for many immigrants. After all, securing permanent residency in the United States comes with a number of benefits, including the ability to live and work in the country indefinitely, access to social services, and, eventually, eligibility for citizenship. Workers who are seeking to immigrate to the U.S., those who are currently in the United States on a temporary work visa, and employers who are planning to sponsor foreign workers for immigration will need to understand the types of immigrant visas that may be available. By working with an experienced
Continue Reading What Types of Workers Can Receive Employment-Based Green Cards?

People from foreign countries come to the United States for a variety of reasons, and in many cases, they may wish to become permanent residents. Those who are currently living in the U.S. may apply for an adjustment of status, and if their request is granted, they will receive a Green Card and be designated as a lawful permanent resident.

However, the ability to receive an adjustment of status will depend on the type of visa available to a person and multiple other factors. By understanding the options for immigration, a person can make sure they will be
Continue Reading When Is an Immigrant Eligible for Adjustment of Status?

During the administration of President Donald Trump, the government put a number of policies in place that affected immigration. In addition to its efforts to build a wall along the border between the U.S. and Mexico, the administration implemented rules that allowed for the detainment and deportation of many immigrants. President Joe Biden has pledged to relax some of these rules and take steps to address the issues affecting immigrants. However, his administration has had trouble doing so due to some recent rulings in federal courts.
Rulings Affecting Title 42 and Prosecutorial Discretion
During the Trump administration, a rule
Continue Reading Federal Court Rulings May Affect Deportation Cases

There are many cases where immigrants to the United States may be at risk of harm, but they may be hesitant to report a crime or seek protection because they are concerned about their immigration status. In cases where immigrants are undocumented, entered the United States illegally, or stayed in the U.S. after the expiration of a temporary visa, they may worry that if they report domestic abuse or seek protection for themselves or their family members, they could face deportation. Fortunately, the United States has laws that provide protection in these situations. Under the Violence Against Women Act
Continue Reading How Can an Abuse Victim Receive a Green Card Through VAWA?

There are multiple situations where immigrants may be the victims of crime. Unfortunately, this often puts people in a difficult position, since they may be concerned that if they report these crimes or attempt to leave a situation where they or their family members are in danger, they could be detained by immigration officials and deported. However, the laws in the United States provide some protection for immigrants who are the victims of crimes, and depending on a person’s situation, different options for obtaining a visa or Green Card may be available.
U Visas for Crime Victims
Immigrants in
Continue Reading Protection for Immigrant Crime Victims: U Visas and T Visas

Some of the most common avenues for immigration involve sponsorship by a person who is already living in the United States. Family-based immigration allows U.S. citizens or permanent residents with valid Green Cards to sponsor family members for immigrant visas. However, certain types of visas are also available that will allow U.S. citizens to establish family relationships and provide others with immigration benefits. Fiancé visas are one common way of doing so, and this type of visa will provide a foreign-born person with the right to enter the United States for the purpose of getting married to a U.S citizen.
Continue Reading What Is the Process Followed When Applying for a Fiancé Visa?

Russia’s invasion of Ukraine has been devastating for people in the country, as well as Ukrainian citizens around the world. The U.N. is estimating that around 6.5 million people have been displaced from their homes inside Ukraine, and another 3.2 million have fled from the country. Because of the dangerous conditions in Ukraine, refugees who have fled the country are looking to ensure that they will be protected from harm, and Ukrainian citizens will likely want to avoid being forced to return to the country while the war is ongoing. Those who are looking to enter the United States or
Continue Reading Immigration Options for People Affected by the War in Ukraine

Immigrants who are looking to come to the United States or those who are already in the country and are seeking permanent resident status will need to meet many different requirements. The process of applying for a visa or Green Card can be complicated, and there are a variety of factors that may affect a person’s ability to enter or remain in the country. Claims that a person has committed marriage fraud can play a significant role in immigration cases, and immigrants and their family members will need to understand when these issues may arise and how they may be
Continue Reading How Can Accusations of Marriage Fraud Affect the Immigration Process?

For immigrants living in the United States, the threat of deportation is a significant concern. After a person has established a life for themselves and their family members in the U.S., being forced to leave the country is likely to cause significant hardship. Fortunately, those who are facing deportation may have options, and in some cases, a person may be able to apply for cancellation of removal. If a person meets certain requirements, deportation proceedings may be ended, and they will be allowed to remain in the United States.
Eligibility for Cancellation of Removal
The requirements for qualifying for
Continue Reading When Can Deportation Be Prevented Through Cancellation of Removal?

There are many situations where people living in the United States may want to sponsor their loved ones for family-based immigration. A U.S. citizen or lawful permanent resident with a valid Green Card may provide sponsorship for multiple different family members, including a spouse, children, parents, or siblings. However, when doing so, a person will need to meet certain requirements, including making a commitment to provide financial support for those who will be coming to the U.S. By understanding their obligations when sponsoring one or more family members for immigration, a person can avoid potential issues and ensure
Continue Reading Financial Obligations for Sponsors in Family-Based Immigration Cases

Immigrants who are hoping to live in the United States and those who are already present in the country may encounter a variety of issues that will affect their legal status and their ability to obtain the necessary visas or Green Cards. One issue that may arise during the immigration process involves inadmissibility, in which immigration officials determine that a person is not eligible to enter the U.S. Fortunately, this will not necessarily prevent a person from immigrating to the United States, and waivers of inadmissibility may be available in certain situations.
Applying for Waivers of Inadmissibility
While there are
Continue Reading When Are Waivers of Inadmissibility Available to Immigrants?

There are many different types of issues that can affect a person’s legal status as an immigrant to the United States. People who have entered the U.S. on an immigrant or non-immigrant visa or who have received a Green Card through adjustment of status may face deportation based on a number of factors, including certain types of criminal convictions. An experienced immigration attorney can help immigrants understand the types of convictions that may cause a person to be deported and the options for addressing these issues.
What Types of Crimes Make a Person Deportable?
Immigration laws are meant to
Continue Reading When Can a Criminal Conviction Lead to Deportation?

Earlier this year, Illinois lawmakers passed, and the governor signed into law, the Safety, Accountability, Fairness and Equity-Today (SAFE-T Act). The act was a major overhaul of the Illinois criminal justice system. Many of these changes focused on policing and what law enforcement officers are allowed and not allowed to do. There were also changes made to arrest, detention, sentencing, and incarceration laws. The majority of the SAFE-T Act went into effect in July; however, some changes will not go into effect until a later date. The following is a brief overview of some of these changes.
Arrest and
Continue Reading Illinois Changes Arrest, Sentencing, and Incarceration Laws

A recent decision by a Texas federal judge has dealt a blow to the Deferred Action for Childhood Arrivals (DACA) program in the United States, which currently provides protection for hundreds of thousands of immigrants. With the judge’s ruling that the program is illegal, the program will no longer be accepting new applicants, and the status of those who are currently in the program could also come into question.
The DACA Program
In 2012, then-President Obama created the DACA program in order to provide a reprieve from deportation for undocumented immigrants who were brought to this country as children. Many
Continue Reading Federal Judge’s Ruling Again Leaves Dreamers with Uncertain Future

Illinois and the rest of the country are gradually returning to “normal” after 15 months of dealing with the COVID-19 pandemic. One area that is preparing for that return is the Illinois criminal court system. When the pandemic hit and the state began shutting down, the Illinois Supreme Court entered blanket orders tolling speedy trials on all criminal cases. Last week, the court put out the “open sign” for all courts, issuing two orders that lift tolling on statutory time restrictions and relax or eliminate social distancing requirements. However, these new orders are leaving the courts themselves facing an avalanche
Continue Reading Illinois Lifts Tolling on Speedy Trials