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April 1, 2025 |
Dicta in law refers to a comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive authority in future litigation. Immigration Judges are appointed by the Attorney General of the United States to preside over immigration hearings. Loosely speaking, Immigration Judges decide whether an alien may remain in the United States or must leave the country. Immigration Judges are appointed by the Attorney General of the United States to preside over immigration hearings. Loosely speaking, Immigration Judges decide whether an alien may remain in the United States or must leave the country. Office of the Chief Immigration Judge
Affirmative asylum is a process that allows non-citizens to apply for asylum in the United States. It's available to people who are already in the country, regardless of how they arrived or their immigration status. You must bring your own interpreter: 18 years old, fluent in English and another language. Child Status Protection Act (CSPA) The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card. You must give biometric info to get asylum A de novo review is a new review of an issue that is being appealed. Defensive asylum is a process that allows people to apply for asylum to prevent deportation from the United States. It's used when someone is already in removal proceedings. An "arriving alien" refers to a non-citizen who is attempting to enter the United States at a port of entry, seeking transit through the country, or is intercepted in international waters and brought to the U.S., essentially meaning anyone coming to the country and seeking admission, regardless of their method of arrival, as defined under U.S. immigration law A Master Calendar Hearing, the initial stage in removal proceedings in immigration court, informs the individual of their rights and the charges against them, sets a schedule for the case, and allows them to seek legal representation if they don't have one A "frivolous" asylum application, under US immigration law, is one where the applicant knowingly makes false or fabricated claims or misrepresents a material fact, and can lead to permanent ineligibility for future immigration benefits The Asylum EAD Clock is a tracking system that measures the time an asylum application has been pending. It's used to determine eligibility for an Employment Authorization Document (EAD). he “180-day Asylum EAD Clock” see below measures the time the Form I-589, Application for Asylum and for Withholding of Removal (asylum application), has been pending either with U.S. Citizenship and Immigration Services (USCIS) and/or an immigration court with the Executive Office for Immigration Review (EOIR). Form I-765, Application for Employment Authorization (EAD) March 11, 2025 : On Dec. 13, 2024, the Department of Homeland Security published a final rule that permanently increases the automatic extension period for employment authorization and Employment Authorization Documents (EAD) available to certain EAD renewal applicants from up to 180 days to up to 540 days.
Temporary Protected Status (TPS) The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately Deferred Enforced Departure (DED) Eligibility requirements for Deferred Enforced Departure (DED) are based on the terms the president specifies in each DED directive. Each presidential directive includes the criteria for an individual to be covered by DED and certain exceptions for individuals who are not covered.
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Wk 1 October 14, 2023 March 28, 2025 |
Refugee and Asylum Flow Chart | PDF | ASYLUM PROCESS FLOW CHART 2
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Information |
Fact Sheet: Asylum Fraud and Immigration Court Absentia Rates Expert Insight: Examining The Asylum Fraud Loophole ICE: Los Angeles-area immigration consultants charged in asylum fraud scheme
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Wk 3 | U.S. Enabling Mass Asylum and Humanitarian Permit Fraud at the Southern Border
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Social Security | "Enumeration Beyond Entry" (EBE) allows non-citizens to apply for a Social Security number (SSN) as part of their employment authorization application (Form I-765) with the Department of Homeland Security (DHS), streamlining the process and eliminating the need for a separate visit to a Social Security office. EXCLUSIVE: Secret policy shift could overwhelm Social Security offices with millions of people Foreign Workers and Social Security Numbers | PDF I-765 Information on the I-765 needed to get an EBE Social Security Number | Website What noncitizens can apply for a Social Security number? In general, only noncitizens authorized by the USCIS to work in the United States can get an SSN How do I apply for a Social Security number and card? Applying for an SSN card is free. If you are outside the U.S. you should apply for an SSN through Enumeration At Entry (EAE) on your immigrant visa application (Form DS-230 or DS-260). If you are lawfully present in the U.S., you may apply through our Enumeration Beyond Entry (EBE) program. Under EBE, you answer the SSN specific questions on the USCIS Form I-765 (Application for Employment Authorization) or the Form I-485 (Application to Register Permanent Residence or Adjust Status). You may also update your citizenship records at Social Security, change your name if needed, and request an updated replacement card. You can do all of these things by completing the “Social Security Update” questions on the Form N-400 (Application for Naturalization PDF Social Security Numbers for Noncitizens An ITIN is a 9-digit number the IRS issues if you need a U.S. taxpayer identification number for federal tax purposes, but you aren’t eligible for a Social Security number (SSN). PDF Supplemental Security Income (SSI) for Noncitizens | PDF Who qualities To be eligible for SSI as a noncitizen, you must be in § 416.1160. What is deeming of income? | Website | PDF (3) Sponsor of an alien. If you are an alien who has a sponsor and you first apply for SSI benefits after September 30, 1980, we look at your sponsor's income to decide whether we must deem some of it to be yours. This rule applies for 3 years after you are admitted to the United States for permanent residence and regardless of whether you live in the same household as your sponsor. We deem your sponsor's income to you because your sponsor agreed to support you (signed an affidavit of support) as a condition of your admission to the United States. 2170. Deeming from a Sponsor to an Alien | Definition and codifiication The income and resources of an individual who sponsors an alien's entry into the U.S. (by signing an affidavit of support) are considered in determining the alien's eligibility for SSI. The income and resources of the sponsor's spouse are also considered when the spouse is living with the sponsor. This process is called sponsor-to-alien deeming. Deeming applies whether or not the alien lives with the sponsor. Medicare under Deeming from sponsor “Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens" | Biden
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