Defensive Asylum for Foreign Born Physicians

In defensive asylum proceedings, the applicant makes an asylum request in response to being removed from the United States. These cases are heard by Immigration Judges with the Executive Office for Immigration Review. As discussed in our previous article, one…

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Affirmative Asylum for Foreign Born Physicians – Part 3

In the case of the unsuccessful applicant who is legally residing in the U.S., he will receive a Notice of Intent to Deny. This letter will state the reason(s) the applicant was found ineligible for asylum. The applicant will have…

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Affirmative Asylum For Foreign Born Physicians – Part 2

To qualify as an asylee, the applicant must establish that he has a “well-founded fear” of future persecution in his home country. Furthermore, this persecution must be based on the applicant’s political opinion, religion, race, nationality, or membership in a…

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Affirmative Asylum for Foreign Born Physicians – Part 1

In the affirmative asylum process, the foreign national “affirmatively” files an Application for Asylum and Withholding of Removal, Form I-589, with U.S. Citizenship and Immigration Service (USCIS). This application must be filed within one year of entrance into the U.S.,…

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Immigration Options: Asylum and Refugee Status

The United States has long been a haven for those seeking to avoid persecution, war, famine and domestic strife in their homelands. Current immigration law provides protection for immigrants who have a well-founded fear that they will suffer persecution in…

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Family-based Green Cards (Part 5): Marriage Eligibility

Please note that this “express lane” to obtaining a green card is only available for foreign nationals who marry for love (or at least, not solely for immigration purposes). If USCIS determines that the marriage is a sham, then it…

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Family-based Green Cards (Part 4): Children and Aging Out

The age of a sponsored child is very important in all priority levels, including immediate relatives. Remember that a child must be under the age of 21 to qualify as an immediate relative or as an unmarried child under the…

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Family-based Green Cards (Part 3): Application Process

Depending upon the family relationship, obtaining a family-based visa can be an even more lengthy process than that required to obtain an employment-based visa. The first step is for the sponsoring relative to file a Petition for Alien Relative, Form…

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Family-based Green Cards (Part 2): Family Relationship Definitions

The Department of Homeland Security (DHS) has clear definitions for family relationships, as follows: Children – the definition of a child also provides the basis for the definition of parent, sibling and son or daughter. A child is a person…

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Family-based Green Cards (Part 1): Which Family Members Qualify?

To be eligible for a family-based green card, an immigrant must be sponsored by a relative who is either a U.S. citizen or a lawful permanent resident. Similar to employment-based green cards, these visas are issued based upon a system…

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