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[03/09] Calif. test-taking case shows gap in visa security
[03/09] Feds: Calif. man ran student visa fraud ring
[03/03] Ex-UK spy accused of attempting to sell secrets
[02/25] E-Verify misses half of illegal workers checked
[02/24] 6 Haitian orphans who had been detained land in US

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Articles

Preparing for the Visa Interview

Most first-time applicants for a visa will be required to attend an in-person interview at the US consulate or embassy in the country from which they are applying for the visa. The interview is meant to establish that the applicant has applied for the correct type of visa and that the applicant is eligible to receive the visa to travel to the United States.

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What Rights Do Aliens Have in Removal Proceedings?

Removal proceedings are instigated by the US government's Department of Homeland Security when an alien has entered or attempted to enter the country illegally or has violated US laws. US courts have held that aliens in these proceedings are afforded due process rights and are entitled to the fundamental fairness protections of the Fifth Amendment of the US Constitution. Below is a summary of these rights. Aliens should not take removal proceedings lightly, given the severity of the consequences. For more information on your legal rights in removal proceedings, contact an experienced immigration lawyer today.

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Case Summaries

[03/10] Vila v. US Atty. Gen.
In a petition for review of the BIA's denial of petitioner's application for a waiver of inadmissibility, the petition is denied where, because petitioner's approved I-140 visa petition did not make him a lawful resident under section 212(h) when the Immigration and Naturalization Service formally approved his application for adjustment, petitioner did not lawfully reside continuously in the U.S. for the seven years preceding the initiation of his removal proceedings on October 25, 2003.

[03/09] Tampubolon v. Holder
In a petition for review of the BIA's denial of petitioners' asylum application, the petition is granted in part where the BIA erred in failing to apply disfavored group analysis to petitioners' withholding claim because the record compelled a finding that Christians in Indonesia are a disfavored group. However, the petition is denied in part where the BIA's failure to address two irrelevant cases did not render the proceeding fundamentally unfair.

[03/09] Najmabadi v. Holder
In a petition for review of the BIA's order denying petitioner's motion to reopen her removal proceedings on the basis of changed conditions in Iran, the petition is denied where: 1) substantial evidence supported the Board's finding that the evidence petitioner submitted in her motion to reopen was not qualitatively different from the evidence presented at the original hearing; and 2) there was no evidence establishing that returnees from the U.S. would likely face persecution.

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Frequently Asked Questions

Are there special immigration rules for NAFTA countries?

How can an immigrant lose his or her Green Card?

What is conditional resident status?

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