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Very Helpful Practice Advisory on Inspection, Entry and Admission

In this recently issued practice update below, the American Immigration Council summarizes a case where an individual who entered without inspection, clarifies the meaning of admission in different circumstances and discusses possible immigration consequences.
For more information about this practice advisory please visit the American Immigration Council website.

March 24, 2015

Washington, D.C. – The American Immigration Council is pleased to release an updated version of its practice advisory Inspection, Entry and Admission. This Practice Advisory has been updated to include a summary of arguments to be made on behalf of an individual who entered without inspection, subsequently was granted Temporary Protected Status, and now seeks to adjust his or her status. The basis for this argument—and for the court decisions which have adopted it—is that a grant of TPS satisfies the requirement in the adjustment statute that the applicant has been “admitted” to the U.S.

The advisory also discusses of the meaning of “admission” in three frequently encountered situations: when an individual is “waved through” a port of entry with no questions asked; when an individual gains entry through a misrepresentation; and when an individual gains entry by making a false claim to U.S. citizenship. With respect to each, the advisory addresses whether an admission has occurred; what the noncitizen’s status is upon entry; what possible immigration consequences there are to such an entry; and what impact this type of entry may have on a DACA application.

Attorney Ellen Sullivan Quote in the Daily Beast

The Daily Beast quoted Attorney Ellen Sullivan in a story about removal proceedings against Mustafa Ozseferoglu, a co-worker/acquaintance of the Boston Marathon bombers. In short, Attorney Sullivan stated that Mr. Ozseferoglu’s immigration case would be extremely difficult without any association–innocent or not– with the Marathon bombers. That is, in a “cancellation of removal” case such at Mr. Ozseferoglu’s case, the burden on the immigrant is extremely—almost unreasonably–high. With the specter of an illicit association with the alleged perpetrators of the Boston marathon tragedy, Mr. Ozseferoglu and his attorney face considerable challenges to successfully arguing that the United States should grant Mr. Ozseferoglu lawful status in this country.

US Government Tries to Continue expanded-DACA and DAPA roll-out despite injunction

A Texas federal district court issued an injunction against the US government from implementing its expanded-DACA and new DAPA programs. In response, the US governmentn filed an emergency request to stay that injunction. If the US’s order is granted, then it would be able to begin to receive expanded-DACA applications.

AILA maintains frequent updates about this issue. Check out AILA’s website for more information about this issue and other immigration issues.

Marijuana Law at AILA Conference

This week, I’m working on final drafts of an article that will be presented at the AILA National Conference in Washington, DC in June. The article and the June presentation discusses how, and if, non-US citizens in the US can exercise their state rights to use marijuana medically and, in Colorado and Washington, recreationally. This is a fascinating example of conflict of laws that has drastic, if not devastating, effects on immigrants who choose to use state-legal marijuana.

Any non-US citizen immigrant should think carefully before using marijuana in states where it is legal. Remember that state-legal marijuana is still illegal under federal law. Violations of federal drug laws can result in loss of immigration status, revocation of US visas, removal from the US, and denial of applications for adjustment of status (green cards) and citizenship.

Hopes Dashed for Work Permits and Legal Status

Many immigrants and supporters of the immigrant community received a wonderful 2014 Thanksgiving gift from President Obama–expanded DACA, the new DAPA program, and other changes in immigration policies. However, this week, hopes were dashed for many immigrants in Massachusetts and throughout the country. See a recent Boston Globe article about Boston immigrants’ responses to this dramatic court order.

As the week wraps up, I have files on my desk containing applications that cannot be filed. My clients, their families, and I are all disheartened by this unjust turn of events. I have hope that the application process will open up again soon. Until then, immigrants can still prepare applications, but must not submit them until USCIS provides further guidance on its response to the injunction against filing expanded DACA applications.

 

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