Posts Tagged ‘Immigration Lawyer’

Seattle Immigration Lawyer | Are Immigration Benefits Available to Same-Sex Spouses?

One question that I have been asked as an immigration attorney is: what is the best way for a same-sex couple—when one person is a US citizen—to get married and live together in the US? Like the answer to many legal questions, the answer is not clear. The issue of how same-sex couples are treated under our immigration laws is currently being litigated and will probably have to be decided by the U.S. Supreme Court in the next several years. As of right now, the immigration laws in the U.S. only recognize marriage as being between a man and a woman.

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It’s Good to Be an Immigration Lawyer

Last Friday was a great day. That evening, I rode the Amtrak from Portland to Seattle, heading back from the American Immigration Lawyers Association’s Northwest Conference, newly invigorated from two days of classes crammed with the latest immigration law information. AILA conferences are truly a must for immigration lawyers who need to stay up-to-date on constantly changing and complex laws, policies, and practices. I attended the family-based immigration classes, which covered a wide array of topics, such as the latest in waivers and consular processing, international adoption, asylum and cancellation of removal.

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Seattle Immigration Lawyer | Forcing DHS to Act, a Brief Look at Mandamus Actions

In general, a “mandamus” is a written order issued by a court commanding a lower court or government officer to perform mandatory or purely ministerial duties correctly. In the immigration context, a person may file a mandamus petition in federal district court to force a DHS officer or other agency officer to perform a nondiscretionary duty, such as ordering USCIS to adjudicate an application or petition that has been unreasonably delayed (28 U.S.C. §1361).

In one mandamus action that was granted, the court ordered the INS to adjust a diversity lottery applicant prior to the end of the fiscal year.

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Seattle Immigration Lawyer | Bribery of a Public Official is Not an Aggravated Felony Under INA

As immigration attorneys and other immigration law watchers know, the definition of “aggravated felony” under the Immigration and Nationality Act (“INA”) is ever-changing. Last month was no exception. In a decision that represented a victory for the narrow definition crowd, the Board of Immigration Officials (“BIA”) recently ruled in favor of an Austrian lawful permanent resident who was convicted of bribery of a public official under federal law, for which he was sentenced to 36 months of imprisonment. Matter of Chrysanth George Gruenangerl, 25 I&N Dec. 351 (BIA 2010).

In September, an Immigration Judge (“IJ”) had found Mr.

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Seattle Immigration Lawyer | Employment Preferences Continued

Picking up where I left off last in discussing the Third Preference category, the subcategory of “Professionals” includes not only attorneys, doctors, engineers, teachers and architects, but also, generally anyone who has a degree and who is working in a field related to their education and/or experience background.

To qualify for the subcategory of “Skilled workers,” an immigrant must have at least two years of training or experience (no university degree required). As of November 2010, the priority date for “Professionals” and “Skilled workers” was January 22, 2005, meaning that if you have a priority date before 1/8/05, you are eligible for a visa number.

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Seattle Immigration Lawyer | Employment-Based Visa Preferences

Returning to my series on obtaining a green card based on a job offer, when deciding whether to apply for an immigrant visa you must determine which employment-based preference category you fall into.

The first three employment-based immigrant visa preferences are as follows:

First Preference (EB-1): Persons of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors or researchers; and multinational executives and managers. (No Labor Cert. required.)

First Preference is known as the category for “priority” workers. Needless to say, the vast majority of immigrants do not meet the criteria.

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Seattle Immigration Lawyer | Asylum Granted For My Client!

This spring, I took on an asylum case that I had some concerns about but was confident that there would be a positive outcome eventually. I worked hard with the client to assemble a strong application with as much documentary evidence as possible, prepared the client for the interview and attended the interview with the client. Yesterday, I received a letter from USCIS stating that my client’s application for asylum was granted. I called her immediately to let her know and she said it was the happiest day of her life.

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Seattle Immigration Lawyer | Eligibility for a Green Card through Employment

My last Seattle Immigration Lawyer Blog post provided an introduction to the rather daunting process of obtaining a green card through employment. This post will go a little deeper into the eligibility requirements. Before you consider this route, you must have these two things going for you: a job offer from a U.S.

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