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New Orleans Louisiana Immigration Law Blog

Who's eligible for dual citizenship with the United States?

Those with dual citizenship bear the responsibility of being responsive to two different countries in terms of fulfilling their respective residency requirements and also with respect to paying taxes. Aside from being able to live in more than one country, another benefit of dual citizenship is that you can participate in government programs they both offer.

One type of individual that may quality for dual citizenship is someone that became a naturalized American while still maintaining his or her other citizenship. Although the United States has no particular policy in place that formally recognizes an individual's right to dual citizenship, they don't require him or her to give it up either. So long as the other country allows for dual citizenship, they can keep both.

Is indefinite detainment of immigrants legal?

In many senses, indefinite detainment without a conviction or deportation seems unfair. It means a person is being held without a chance to plead his or her case, with no end in sight. In the case of immigrants, is this legal?

That's what the U.S. Supreme Court has been debating in October. The question is about those who have been held for over six months. Should they at least get a bond hearing so that they can ask to be released? This doesn't mean that those who are going to be deported won't still be deported, but they may not have to wait behind bars to find out.

Is permanent resident status really permanent?

You're not a citizen of the United States, but you're interested in becoming a permanent resident. You know that will give you the right to work legally and to start the career you've always dreamed of. You also know it means you'll be able to live in the country without the fear of deportation.

But does it really last forever? Is permanent status as permanent as the name implies?

In-person interviews added to green card application

This month, the U.S. Citizenship and Immigration Services begin a new application process for anyone seeking to change their work visa to an employment-based green card. Under the Obama administration, USCIS performed interviews on an “as needed basis.” Now, everyone will do one.

The change in policy is likely to delay the green card process, with 200,000 interviews to be scheduled. A green card already takes eight to twelve months to process, prior to scheduling the additional interviews.

DOS Expands Misrepresentation Rule to 90 Days

On September 1, 2017, the Department of State (DOS) revised its Foreign Affairs Manual (FAM) guidance to consular officers on the term "misrepresentation" and how determinations of inadmissibility should be made. Under INA §212(a)(6), "Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act, is inadmissible."

United States sets up a new travel ban impacting nine countries

The President of the United States put out a new travel order on Sunday, Sept. 24th, 2017, and it will make it nearly impossible for people from seven different countries to enter the United States.

The first travel ban that the President put out lasted for 90 days. He did that not long after he was elected. This new order is stronger and lasts indefinitely.

Requests for evidence are on the rise among H-1B visa applicants

The Trump administration is reportedly slated to amp up the scrutiny of H-1B visa applications.

This warning comes off the heels of U.S. Citizenship and Immigration Services (USCIS), during the first eight months of the year, having reportedly requested additional information from 85,000 applicants. This rate is 45 percent higher than last year, even though those applying for the H-1B has only increased by three percent.

What should I know about being deported?

Deportation is a huge fear of some people who are in the United States. It is difficult to think about because this possibility can take people away from their loved ones, their friends and the homes they have known and loved.

There are a plethora of reasons why a person might be deported. Being in the country illegally, trying to help others get into the country and being convicted of certain crimes are all some of the things that can lead to deportation.

DACA decision leaves Congress as Dreamers last hope

It may have been expected given the Trump campaign rhetoric against undocumented United States residents. Still, the decision by the president to end the Deferred Action for Childhood Arrivals program caused high levels of anxiety and consternation by those who are informally referred to as "Dreamers."

This week's announcement ends protection for almost 800,000 undocumented individuals who entered the U.S. illegally as small children with their parents. Unless Congress steps up, within months these young adults with few or no memories of lives anywhere but in the U.S. face being deported back to their countries of origin. As such, already the Department of Homeland Security (DHS) has ceased processing new Dreamer applications.

What is the P-1 classification?

One way to legally enter the United States is to see if you qualify for the P-1 classification. It's used for those who excel at athletics, so, while most people will not qualify, it's incredibly valuable for those who do.

It can be used for those who are involved in team sports, like soccer, or individual sports. It's typically used on a short-term basis, allowing athletes to easily cross borders for specific competitions.


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