IMMIGRATION COURT

In April 2022, ICE sent out a memo directing its lawyers to review cases currently in Immigration Court and try to clear low-priority cases under enforcement guidelines the administration created last year. Currently, there is a backlog of 1.7 million cases. By clearing low-priority cases, the American Immigration Lawyers Association estimates this would include at least 700,000 low-priority cases, equaling about 40 percent of the backlog. ICE has not released their estimate of how many cases would be cleared under this plan.

On January 10, 2022, EOIR announced that it has postponed hearings in non-detained, non-represented cases due to COVID-19. Detained cases, as well as non-detained individuals who are represented, will continue to have their hearings via phone or online.

What is your best strategy for winning your case in Immigration Court? Immigration Judges determine whether you are subject to deportation and rule on applications for asylum, adjustment of status, cancellation of removal and various types of waivers.

Which Immigration Courts are open during the pandemic? Find out by clicking the Immigration Courts Operational Status link.

There are over 1,000,000 pending cases before the courts and the number is growing. Some Judge’s calendars are backlogged for 3 years or more. A Judge’s decision may be appealed to the Board of Immigration Appeals (BIA). The Courts and the BIA are part of the Executive Office for Immigration Review (EOIR).

Generally, a BIA decision can be appealed to the appropriate U.S. Court of Appeals and from there to the US Supreme Court.

RELIEF FROM DEPORTATION

Deportation Defense Guide How to Win Your Case in Immigration Court

When you attend a removal or deportation hearing before an Immigration Judge, make sure that you walk into the courtroom accompanied by the most experienced and knowledgeable deportation defense attorney that you can find. Why? Because the government will be represented by an attorney who has probably appeared in hundreds, or even thousands, of deportation hearings. I know – I am a former INS Trial Attorney.

If your attorney is not knowledgeable or experienced in deportation defense, you will be at a distinct disadvantage. Too many people appear at their removal hearings without taking the time to find the best and most experienced deportation defense attorney to represent them.

AMERICAN IMMIGRATION COUNCIL

The American Immigration Council (AIC) is a non-profit organization that seeks to create public awareness regarding the established and developing U.S. immigration laws and policies. Through various programs and activities, such as the Legal Action Center and the Immigration Policy Center, AIC has been able to advance the cause of justice for immigrants, as well as, highlight the numerous contributions made by immigrants.

The Council brings together problem solvers and employs four coordinated approaches to advance change—litigation, research, legislative and administrative advocacy, and communications. With this synergy, the Council works to advance positive public attitudes and create a more welcoming America—one that provides a fair process for immigrants and adopts immigration laws and policies that take into account the needs of the U.S. economy.

TN NAFTA

This allows qualified Canadian and Mexican citizens to seek temporary entry into the United States for professional business activities under the North American Free Trade Agreement.
For those with the appropriate job skills, along with their spouses and children, roughly 140,000 employment-based green cards are available annually for permanent residence in the U.S. Permanent residency is typically obtained through a combination of education, expertise, eligibility, and skill set, often requiring a job offer from an employer with proper U.S. Department of Labor certification.
There are five main types of employment-based visas:

CENA Immigration and Associates offers comprehensive support from immigration experts to assist with the application process, allowing applicants to focus on their life in the U.S.

STUDENT AND EXCHANGE VISITORS

These visas encompass academic students, vocational students, and participants in educational or cultural exchange programs. They are not immigrant visas.

F Visas
F-1 visas are for academic students enrolled at accredited institutions, allowing limited on-campus employment after the first academic year. F-2 visas are for family members of F-1 visa holders, while F-3 visas are for Canadian or Mexican student commuters.

M Visas
M visas are for students at vocational or other recognized nonacademic institutions, excluding language training programs (which require an F visa). M-2 visas are for family members of M visa holders, while M-3 visas are for Canadian or Mexican student commuters.

J Visas
J visas are for participants in work- and study-based programs promoting cultural exchange. Eligible applicants must meet specific criteria, including English language proficiency. J-2 visas are for dependents of J-1 visa holders.

TEMPORARY VISIT FOR BUSINESS

These visas are intended for very short-term business purposes such as contract negotiations, convention attendance, or estate settlements.

B-1 Visas
B-1 visas are for individuals engaging in limited, short-term business activities in the U.S., typically granted for one to six months with a possible extension. Family members are not eligible to travel under B-1 visas and must obtain their own visas.

GB Temporary Visitor to Guam
GB visas cover travel to the U.S. territories of Guam and the Northern Mariana Islands for business or pleasure, with a maximum stay of 45 days and the requirement of a return ticket.

WB Temporary Business Visitor under Visa Waiver Program
The WB program allows nationals of specific countries to travel to the U.S. for business or tourism without a visa for up to 90 days.