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Washington, DC Immigration & Naturalization Law Blog

Oh Boy! Problems in Immigration Court & Problems at Home

When it rains, it pours ('as the saying goes'). This is life unfortunately. If you or someone you know is in U.S. Immigration removal/deportation proceedings and the legal relief is based on a U.S. Citizen Spouse ("USC"), it is vital to keep the relationship with your USC spouse healthy. However, if the relationship becomes unbearable and separation and divorce becomes inevitable, it is important to take steps to guard against immediate removal and deportation from the United States. An I-130/I-485 Adjustment of Status based on USC spouse is based on a bona fide marriage, not whether the couple has marital problems. It is important to understand the difference when sitting down with legal counsel.

Q&A: What is the Status of a Foreign National Who Enters the U.S. Illegally and Receives "Paroled" Status by a US Customs Border & Patrol Officer to Remain in the United States?

With the recent border surge of undocumented individuals seeking asylum or alternative relief in the United States, our attorneys have seen much confusion regarding the status of those who are in 'paroled' status. The purpose of this short Q&A is not to explain parole status. Rather, assuming parole status we have answered the following questions below:

Work Visas for Nurses and Other Professionals When DOL says 'Not a Speciality Occupation' - H-1B Visa Alternatives for Canadian & Mexican Nationals

Nurses often have a unique issue in qualifying for H-1B speciality work visa status since the Department of Labor ("DOL") determined Nurses only require a 2 year diploma. In contrast, an H-1B work visa is only available to professions that require a 4 year degree minimum such as an accountant. The TN work visa, available under NAFTA, is an alternative available for Canadian and Mexican Nationals.

Criminal Immigration Consequences for Non U.S. Citizens

While non-citizens seek to avoid any altercation with the law, we know "it" happens. Non-citizens who enter the country legally and are convicted of crimes in the United States are at risk of deportation and removal from the country whenever a crime occurs. The stakes are very high for Permanent Residents and non-immigrant visa holders.

Inadmissibility Issues to the United States? Consider Parole Instead!

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