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Recent Posts in Immigration Category

  • TPS Extended & Syria Redesigned

    The Department of Homeland Security has redesigned Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from Oct. 1, 2016, through March 31, 2018. This allows eligible nationals of Syria (or persons without nationality who last habitually resided in Syria) to register or re-register for TPS. Current TPS beneficiaries from Syria may extend their TPS ...
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  • I-601A Eligibility Expanded

    Effective on Aug. 29, 2016, eligibility for the provisional waiver process, I-601A, has been expanded to all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility, pursuant to INA sec. 212(a)(9)(B)(v). Prior to this expansion, only immediate relatives of U.S. citizens were eligible to seek such provisional waivers before departing the United ...
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  • USCIS Extends El Salvador Temporary Protected Status

    U.S. Citizenship and Immigration Services has extended Temporary Protected Status for El Salvador nationals. The 18-month extension goes into effect on September 10, 2016 and will run until March 9, 2018. Who Qualifies? Temporary Protections Status (TPS) is granted to nationals in the U.S. from a particular country or region that is experiencing strife of some kind, preventing them from safely ...
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  • Immigrants and Crime

    One of the many incorrect statements and/or beliefs regarding immigrants, fed by some in this election period, is that Americans are somehow endangered by immigrants who come to this country with the intention of committing crimes. The numbers, however, tell a much different story. For example,the fact is that immigrants have lower incarceration rates in the U.S. than native-born American ...
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  • Temporary Protected Status Extended For El Salvador

    USCIS has extended TPS for eligible nationals of El Salvador for an additional 18 month period, which will run from September 10, 2016 until March 9, 2018. Current beneficiaries who wish to extend their TPS must re-register during the 60-day re-registration period, from July 8, 2016, through September 6, 2016. The 18 month extension allows TPS re-registrants to apply for a new Employment ...
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  • Immigration & Public Services

    On the issue of immigrants supposedly draining our public services, reality is different to what has been portrayed by some. The fact is that following the enactment of welfare and immigration reform laws in 1996, unauthorized immigrants are ineligible for public benefits. Authorized immigrants are eligible to benefits once they meet certain conditions. Authorized immigrants, Lawful Permanent ...
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  • Constructionists vs. the Constitution

    Among many other proposals that Donald Trump has put forth regarding the issue of immigration—building a wall along our southern border and having Mexico pay for it, declaring a moratorium on Muslim immigration, and deporting all illegal aliens—one that is hotly debated is his insistence that there should be no birthright citizenship, and even that, perhaps, the US Constitution does not, in fact, ...
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  • Avoiding an Illegal Presence Bar

    Many persons who are in the U.S. illegally eventually become eligible to become Permanent Residents as Immediate Relatives of an American citizen. Immediate Relatives, for immigration purposes, are spouses of citizens, unmarried children of citizens (if the child is under 21 years old), and parents of citizens (if the citizen is at least 21 years old). If the person entered the U.S. legally, even ...
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  • Choosing An Immigration Attorney

    As in most things in life, experience counts. I believe that having served as an immigration judge in Miami, Florida for eighteen years has given me the opportunity to acquire a significant amount of knowledge and experience in the complicated field of immigration law. Every day that I sat as a judge, I faced real life situations involving individuals and families. I had to consider and evaluate a ...
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  • E-2 Treaty Investor Visa and Marginality

    If you are considering applying for an E-2 treaty investor visa, assuming that you come from a treaty country, you must meet several requirements set forth in the USCIS website: You must be coming to the U.S. to invest in a new or existing enterprise. Your investment must be in a bona fide enterprise and may not be marginal. You must be in possession of the funds you will invest and the funds must ...
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  • Subject to J-1 Visa Home Residency Requirement? Maybe not.

    The J-1 classification (exchange visitors) is authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training. The visa is often granted with the condition that its holder must ...
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  • Immigration Red Herrings

    The issue of illegal immigration keeps popping up and is used by many to garner political support with claims that the US is being overrun by illegal immigrants and that the problem is getting worse. In fact, while it is true that there are quite a large number of undocumented aliens in this country, most of them are hard-working, law-abiding, taxpaying individuals and families who contribute ...
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  • Have Immigration Goals? Honesty is the Best Policy.

    Being a truthful person is generally a very good idea in life and essential when pursuing immigration benefits. You may hear stories from friends or acquaintances about people who may have received immigration benefits, Asylum, Permanent Residence and even Citizenship, by making up stories of persecution, or by entering in sham marriages for the sole purpose of obtaining a Green Card. But the fact ...
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  • When Immigration Agents Come to Your Door

    It is not unheard of, and in fact often happens, that immigration agents come knocking at a person’s door at, say, Four O’Clock in the morning, or when least expected. What generally follows is distress, panic and confusion in the household, with everyone searching for answers as to what to do next, after a loved one has been taken into custody. At this time, it will probably occur to someone to ...
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  • Cuban Adjustment Act

    For many years, Cubans have been able to avail themselves of a law enacted solely for their benefit known as the Cuban Adjustment Act. The point of this post is not to debate the merits of that law but to discuss the possibilities of its demise, and the consequences of that demise, given changes in the political relations between Cuba and the U.S.. This prospect should be of special interest to ...
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  • The Schizophrenia of Immigration

    Having practiced in the immigration field for the relatively long period of twenty seven years, first as an attorney with the government, then as an immigration judge for eighteen years, and now as a private attorney, I have often been asked by various people why it is that our country just never seems to be able to get it right on immigration matters. To me, the answer has always been simple, our ...
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At Garcia & Miranda, PA, we have more than 50 years of combined legal experience to our name. Our team is comprised of legal professionals who draw on unique backgrounds – including former experience as an immigration prosecutor, immigration judge, and Managing Attorney of the CLS. We have prevailed in some of the toughest immigration matters due to our creativity, patience, and genuine compassion. We are truly invested in the success of your case.