Beginning March 4, 2013, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver […]
“New Law” Does Not Apply to Convictions That Became Final Before Padilla Decision Announced
On February 20, 2013, the U.S. Supreme Court issued its ruling in Chaidez v. United States (11-820), in which it declined to retroactively apply its holding in Padilla v. Kentucky, which the Supreme Court decided on March 31, 2010. In Padilla, the Supreme Court announced that criminal defense lawyers are required to tell non-citizen clients […]
Complex Deportation Case Terminated, Client to Get a Greencard Even with an Old Exclusion Order
Last year, I took on a very complicated deportation case, where my client and his wife were told by numerous other lawyers that nothing could be done on their case. The client, an Indian citizen, has been in this country for over 20 years. When he first came here in 1992, he was placed in […]
DHS Announces Final Rule to Support Family Unity During Waiver Process
Secretary of Homeland Security Janet Napolitano today announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The […]
Implementation of New USCIS Immigrant Fee Beginning February 1, 2013
On December 13, 2012, the U.S. Citizenship and Immigration Services (“USCIS”) announced its plan to assess an additional immigrant visa fee beginning February 1, 2013. New fee allows USCIS to recover the costs of processing immigrant visas after individuals receive their visa packages from the Department of State abroad. Beginning February 1, 2013, USCIS will […]
Deportation Avoided! – Clients Succeed on Appeal Based on Ineffective Assistance of Counsel
I recently succeeded on an appeal and a remand motion at the Board of Immigration Appeals, where my clients were not informed about their eligibility for relief from deportation either by the Immigration Judge or their own (former) lawyer! During my clients’ initial removal proceedings in immigration court, everyone just focused on whether my clients […]
Quick Guide to Immigration Policy History
Historically, U.S. immigration laws do not change often, but when they do, they seem to get tougher and tougher. Ever wondered about how the country’s immigration policies have evolved? Read the 23 defining moments in immigration policy history that shows how the United States’ immigration have changed beginning with the Naturalization Act of 1790 to […]
USCIS Announces Temporary Immigration Relief Measures for Individuals Affected by Hurricane Sandy
U.S. Citizenship and Immigration Services (USCIS) reminds customers affected by Hurricane Sandy of certain U.S. immigration benefits or relief that may be available to them. USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status or obtain certain other immigration benefits. Eligible individuals may request or apply for temporary […]
Hurricane Sandy’s Aftermath
I pray that you and your loved ones are safe if you were in any way impacted by Hurricane Sandy. My office, which is located in downtown New York City, remains closed until power is restored in downtown New York City. Currently, there is no power below 34th Street in New York City. It is […]
Ms. Thaker Selected as a "Rising Star" by Super Lawyers Magazine
For a second year in a row, Ms. Thaker has been selected as a “Rising Star” by Super Lawyer magazine! Because of her selection to the 2012 New York – Metro Rising Stars list, Ms. Thaker’s name will be featured in a special section called The Top Women Attorneys in the New York Metro Area […]