Written by Igbanugo Partners International Law Firm
Friday, 25 July 2008
Foreign nationals (including lawful permanent residents) with criminal convictions often face collateral, immigration consequences that are far more serious than the punishment of jail time, probation or fines. One of the worst immigration consequences of criminal offenses - ranging from sex crimes to drug charges to firearms violations - is being subject to removal proceedings before an immigration court on grounds of inadmissibility or grounds of removability/deportability.
As far as immigration law is concerned, some of the most significant criminal offense classifications are crimes involving moral turpitude (CIMT) and aggravated felonies. A crime may fall into more than one category. It is important to understand how a crime may be classified under federal law because an offense may have different immigration consequences depending on its category.
As far as immigration law is concerned, some of the most significant criminal offense classifications are crimes involving moral turpitude (CIMT) and aggravated felonies. A crime may fall into more than one category. It is important to understand how a crime may be classified under federal law because an offense may have different immigration consequences depending on its category.
SAN FRANCISCO -- Recent nets cast by Immigration and Customs Enforcement (ICE) captured hundreds of undocumented immigrants at worksites nationwide. In their wake, say immigrant rights advocates, family members and attorneys for those arrested struggle to find their loved ones and clients. As ICE expands, though, so will the deportations, the so-called "golden measure" of its success.
Julie L. Myers is in charge of the Immigration and Customs Enforcement agency.
Federal authorities expect to identify and deport more than 200,000 immigrants this year who are convicted criminals serving time in prisons and jails across the country, the country's top federal immigration enforcement official said Monday.
The effort to speed the deportation of foreign-born criminals is part of a campaign by the Immigration and Customs Enforcement agency to help federal and state prisons reduce the costs of housing immigrants, the official, Julie L. Myers, assistant secretary of homeland security and head of the agency, said in an interview.
In 2007, Ms. Myers said, the agency, known as ICE, brought formal immigration charges against 164,000 immigrants who are behind bars nationwide for crimes committed in this country. Many of those immigrants are still in the United States and are also slated for deportation this year, she said. By comparison, in 2006, the agency identified 64,000 immigrants behind bars, most of whom were deported.
The big increase in deportations will place "a significant burden," on ICE's detention centers, she said, and on the airplanes, mostly from the Justice Department, used by the agency to fly immigrants back to their home countries. Last year, Congress authorized $200 million for programs to deport immigrant criminals.
New USCIS Rules on the Horizon: Proposed Rule on Permanent Resident Card Replacements
Immigration
Written by Igbanugo Partners International Law Firm
Wednesday, 16 January 2008
The U.S. Citizenship & Immigration Services issued a proposed rule on Aug. 22, 2007 that would require permanent residents with the older version of Form I-551 (green card), with no expiration date, to apply for a new card. Green cards have carried expiration dates since 1989. The older versions are still valid unless and until a final rule goes into effect. Those holding permanent resident cards with no expiration date may replace their cards now, but are not yet required to do so.
USCIS is now reviewing the 298 comments received on the proposed rule during the public comment period. The final rule, once published, will explain the process to replace the older green cards.
Immigration Appeals Board Makes Significant Ruling on Returning Permanent Residents
Immigration
Written by Igbanugo Partners International Law Firm
Friday, 04 January 2008
The Board of Immigration Appeals issued a favorable decision in June that also set a precedent regarding lawful permanent residents. In Matter of Abosi, the Board decided that a returning lawful permanent (LPR) resident seeking to overcome a ground of inadmissibility is not required to apply for adjustment of status in conjunction with a waiver of inadmissibility under.
The respondent, Mr. Abosi is a native of Nigeria married to a U.S. citizen. He adjusted his status to that of an LPR on December 2, 2000, and departed the United States in May of 2001.
U.S. Immigration and Customs Enforcement (ICE), the investigative arm of the Department of Homeland Security (DHS), recently issued a final rule, effective Sep. 14, 2007, amending the regulation relating to the unlawful hiring or continued employment of unauthorized aliens. This amended regulation is part of the administration’s stepped-up enforcement effort to crack down on illegal immigration. It describes the employer’s legal obligations when the employer receives a no-match letter from the Social Security Administration (SSA) or receives a letter regarding employment verification forms from the DHS.
Foreign nationals (including lawful permanent residents) with criminal convictions often face collateral, immigration consequences that are far more serious than the punishment of jail time, probation or fines. One of the worst immigration consequences of criminal offenses - ranging from sex crimes to drug charges to firearms violations - is being subject to removal proceedings before an immigration court on grounds of inadmissibility or grounds of removability/deportability. 
The U.S. Citizenship & Immigration Services issued a proposed rule on Aug. 22, 2007 that would require permanent residents with the older version of Form I-551 (green card), with no expiration date, to apply for a new card. Green cards have carried expiration dates since 1989. The older versions are still valid unless and until a final rule goes into effect. Those holding permanent resident cards with no expiration date may replace their cards now, but are not yet required to do so. 
