Proving Exceptional and Extremely Unusual Hardship

A non-permanent resident applicant must prove his or her removal case would result in exceptional and extremely unusual hardship to a qualifying United States citizen or non permanent resident spouse, parent, or child, and that he or she is deserving of a favorable exercise of discretion in deportation proceedings.

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What Are the Key Elements of Proving a Well-Founded Fear of Persecution?

Discussion of how to present key elements of your claim of a well-founded fear of persecution. The key to an asylum claim is proving that you face a well-founded fear of persecution. This well-founded fear standard does not necessarily mean torture, killing, imprisonment, or harassment or that you are specifically targeted for persecution or that you have an economic hardship or a repressive government.

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Immigration Law

Immigration Law is the practice of law governing the entry, admission, and status of people wishing to transit through, reside in, or become citizens of the United States. It is a vast, complicated field that covers both intending and non-intending immigrants and their ability to work in the United States. Immigration law is primarily federal, administrative law, rather than state law, because is governs the permeability of U.S. borders, not merely its states.

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Can I work in the U.S. without a green card?

You can work in the U.S. without a green card only if you have a non-immigrant visa such as an H, L, or O visa or an employment authorization card (EAC). Alternatively, employers may file petitions for labor certification upon meeting certain requirements, such as the ability to pay the proffered wage. Foreign exchange students holding F, J, or M visas must seek permission to work from their school’s foreign exchange advisors to unless their visa explicitly provides otherwise.

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What USCIS Forms Do I Need to File for Asylum?

The USCIS forms you will need to file for asylum will depend on your request, your family situation, and how you complete your application. Regardless of which set of USCIS forms are required for your situation, make sure that you use the most current version of the required form. Using an outdated form can result in a rejection of your application for asylum.

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How To Get Permission To Enter the United States

Aliens who are not able to finance themselves because they don’t have sufficient income or resources and could need public assistance are not allowed to enter. The INS also excludes people who obviously are lying about their intentions for coming to the United States. Commonly, visas are denied due to failure of the applicant to prove that he or she has ties abroad that would compel them to leave the United States at the end of the temporary stay (often called the 214(b) visa refusal).

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F-1 Visa & The F-1 Student Visa Process

Students who wish to come to the United States as full time academic or language students may do so with an F-1 student visa. The F-1 visa grants students who are enrolled in a program that provides a degree or certificate the right to remain in the US during the course of their studies.

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Verifying Employment Eligibility Through E-Verify & Form I-9

The Electronic Employment Eligibility Verification Program (E-Verify) is a free and voluntary program offered by the United States Citizenship and Immigration Service (USCIS). E-Verify allows participating employers to electronically verify the employment eligibility of their newly hired employees. Not all employers require such documentation and participation in E-Verify is voluntary.

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Consequences for an Illegal Immigrant Arrested for a Criminal Offense

The consequences for an illegal immigrant who has been arrested for a criminal offense may be incarceration and fines in the criminal case and deportation in the immigration case. Once an illegal immigrant is arrested, the jail that booked them or law enforcement agency that effected the arrest will report the booking or arrest to Immigration and Customs Enforcement (ICE).

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What is withholding of removal?

Withholding of Removal protects an alien from return to a home country that threatens her life or freedom. This protection from deportation is guaranteed by Article 3 of the Refugee Convention and implemented by Sections 243(h) and 241(b)(3) of the Immigration and Nationality Act. Under these laws, Immigration Judges must allow aliens to invoke claims for withholding of removal at any time during deportation proceedings and seek review of the judge’s decision by the Board of Immigration Appeals.

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