Getting Your Alien File in Removal Proceedings

If you are used to watching legal shows on TV, you are used to hearing the word discovery. You may believe that the defendant is allowed to get anything in the government’s file. Unfortunately, in the Federal system in the United States, including in removal proceedings, the defendant, or the respondent, do not have the right to get everything in the government’s possession.

In removal proceedings, the respondent may always ask for his file through the Freedom of Information Act System (FOIA). The government asks you to file a form G-639 However, the government may redact as much as it wants from your file if it believes that it falls under an exception under the law. This means that if you are a respondent in removal proceedings, the government will have evidence that you will not have. So what options would you have?

If you are in the Ninth Circuit, you may file a request with the judge, under Dent v. Holder, 627 F.3d 365 (9th Cir. 2010). This case allows you to ask the government to produce any evidence having to do with your admission and removability if you contest the latter. The Service has said that it will not apply this outside of that circuit.

Another way to force the government to release your file is under the INA §240(c)(2)(B), which is also referred to as the “mandatory access law” in the INA. So if you are a practitioner, you case use this section of the law, along with the Due Process clause, to obtain a copy of your file from the court.

If you are a practitioner, you can raise these grounds at any step of proceedings. You must do so to preserve it on appeal. Please let me know if you have any questions.

Top 5 Reasons that Should Lead You to Follow My Blog

I am taking a break from writing the dense legal posts to give you five reasons to click on the Follow This Blog Link to your left:

Reason Number 1: You should follow this blog for the great amount of knowledge you will get from reading my posts.

Reason Number 2: You should follow this blog to show your friends that you know more about immigration law than them.

Reason Number 3: You should follow this blog to know the truth about immigration and the need for reform.

Reason Number 4: You should do it to share your knowledge with your friends. It is easy to share my posts on Facebook, Twitter, Google+, and Linkedin.

Reason Number 5: This last reason is a bit selfish. Yes, I want you to follow my blog to boost my rankings. I consider  you  my friends, and as my friends I could ask you for a favor.

Thank you for your continued readership and support. Please let me know if you have  any questions. The comment section is for you to let me know if you like my blog. Thank you again.


Originally posted on immigrationattorneyresource:

As of November 1, 2014, the EB-2 employment-based immigrant visa category will again retrogress for citizens of India.  This time, the priority date for EB-2 eligible Indians will be pushed back from May of 2009 to February of 2005 with no anticipation for forward movement any time soon.

As background, all foreign nationals who seek lawful permanent residency (“green cards”) as a result of U.S. employment must be placed in the proper visa category.  The EB-2 visa category is reserved for individuals with advanced degrees or “exceptional ability”, as that term is defined by U.S. immigration law.  Over the past several years, the EB-2 has been seen as the preferred category, particularly for citizens of India since the EB-3 employment-based visa category, which is reserved for individuals who are considered skilled workers and professionals, historically is the most popular visa category.  Since the EB-2 and EB-3 categories are subject to…

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What are the Immigration Consequences of a Conviction for DUI?

Originally posted on Greg Hill & Associates (310) 782-2500:

We often have clients on student visas, work visas, in the process of applying for citizenship and those who intend to apply for citizenship. Such clients contact our office after being arrested for DUI and are worried that they have ruined their ability to stay in the U.S. or become a citizen.  What exactly are the consequences of a conviction for DUI?  Click on the link that follows to read a short article that answers these questions –

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Retrogression for EB-5 Predicted at IIUSA Conference; July 2013 Cut-Off Discussed

Originally posted on The National Law Forum:

Greenberg Traurig Law firm

The Chief of the Visa Control and Reporting Division of the U.S. Department of State, Charles Oppenheim, reported that the EB-5 immigrant visa category would likely retrogress in July 2015. However, this does contradict his prediction provided to AILA earlier last week of retrogression occurring in May 2015. What is striking about Oppenheim’s announcement was that retrogression of the EB-5 immigrant visa category would cause him to establish a cut-off date of July 2013. A cut-off date has the effect of establishing an orderly line for the issuance of EB-5 immigrant visas. The cut-off date is determined based on the date an I-526 Petition was filed and is the date included on each I-526 Petition approval notice in the “Priority Date” box. For example, if a cut-off date of July 2013 is established in July 2015, during the month of July 2015, only those EB-5 investors (and their derivative beneficiaries)…

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Did You Know that You can Apply for a Green Card Even if Your Visa has Expired?

Originally posted on YourImmigrationAngel:

US-flag map

If you entered the United States “legally,” you probably came to this country with a valid nonimmigrant visa, such as a student visa, tourist visa, or temporary work visa.  Some people are even allowed into the U.S. on a visa waiver or with a special pass at one of the U.S. borders.  In either event, you would have been inspected by an immigration official at your point of entry and allowed into the United States.  This method of entering the U.S. makes it easier for you to file for an Adjustment of Status in the U.S.  Your U.S. citizen spouse can file a Petition for Alien Relative to apply for your green card.

However, did you know that even if you are now staying in the U.S. past the date of your authorized stay, , you are still eligible for a marriage based green card?  A green card is still…

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