New York City and Tri-State Area

Author: drucker

New Border Asylum Policy Faces Legal Headwinds

On June 4, President Joseph R. Biden signed an executive order declaring that any noncitizen attempting to cross the southern border of the United States would be turned away unless they presented themselves at a legal port of entry. This policy was put into place to deal with a rising number of undocumented immigrants crossing the southern border, which has begun to overwhelm immigration authorities. Notably, this policy does not exempt people seeking asylum, which led to two separate groups filing a lawsuit, saying that the new policy violates existing immigration law.

Continue reading “New Border Asylum Policy Faces Legal Headwinds”

Settlement Reached in Family Separation Case

More than 4,000 families reached a settlement with the Biden administration, according to an agreement filed in federal court on October 16, 2023. This will bring a close to class action litigation against the government for the Trump Administration’s family separation policy, which affected thousands of children who were forcibly taken from their families. This settlement will also allow affected families to remain in the U.S. for three years while receiving housing, mental health care, and legal assistance applying for asylum. Continue reading “Settlement Reached in Family Separation Case”

The U.S. Citizenship Act – Part 1

The U.S. Citizenship Act – Part 1

The U.S. Citizenship Act has been proposed by President Biden and introduced in the House of Representatives and Senate. The legislation provides for an:
Earned Path to Citizenship- Creates a new designation called Lawful Prospective Immigrant (LPI) status.

Criteria to qualify:

1. Must be physically present in the U.S. on or before January 1, 2021
2. Must pass criminal & security checks
3. Pay the requisite filing fee, and submit application

Continue reading “The U.S. Citizenship Act – Part 1”

Announcement of Major Changes in Immigration Law

After one and a half years, President Obama finally decided that “enough is enough” and pulled the trigger on enacting immigration reforms.   While the measures taken by President Obama fall short of the bipartisan comprehensive immigration reform bill that unanimously passed the Senate in June, 2013, they are certainly expansive in nature, and provide some relief to the millions of undocumented Americans living in this country.   The president does not have authority to provide a pathway to citizenship without the cooperation of the Senate and the House of Representatives.  We are very happy with these changes, and applaud President Obama for taking this action.

Continue reading “Announcement of Major Changes in Immigration Law”

Per the NY Times, “Obama Said to Plan Moves to Shield 5 Million Immigrants”

The attached article, published on November 13, 2014 in the New York Times,  reveals President Obama’s likely plans for immigration reform via an executive order.   We are hopeful that in addition to granting deferred action for the parents of U.S. citizen children, lawful permanent residents, and DACA recipients, the President goes a step further, and allows certain immigrants, who have been living in the U.S. for a long period of time, to Parole in Place.  The Parole in Place doctrine will allow those eligible, to receive their Lawful Permanent Residence (green card) in the United States.

http://www.nytimes.com/2014/11/14/us/obama-immigration.html?_r=1

Immigration Reform has Stalled…Now What?

With comprehensive immigration reform stalled in the House of Representatives, and President Obama inundated with complaints from the Latino activists, the President recently ordered his Department of Homeland Security Secretary, Jeh C. Johnson, to conduct an evaluation of all deportations of illegal immigrants.  

When it is predictably confirmed by DHS Secretary Johnson that the far majority of those immigrants removed from this country are not dangerous criminals, but are rather hard working people trying to make a better life for their family, President Obama will have a few options at his disposal besides sitting back and waiting for the House to act on immigration reform. Continue reading “Immigration Reform has Stalled…Now What?”

Is Deferred Action Possible if Immigration Reform Continues to Stall in House

This is a well written article that discusses President Obama’s options if immigration reform continues to stall in the House.   Deferred Action for those immigrants who would benefit from the Senate’s Comprehensive Immigration Reform bill would certainly be better than the status quo.

http://www.thedailybeast.com/articles/2014/02/11/obama-could-legally-stop-immigrant-deportations.html

The Misleading I-601A Waiver

On April 2, 2012, the U.S. Citizenship and Immigration Services (USCIS), with great fanfare, published a proposed rule to allow immigrants who have approved Immediate Relative petitions (i.e. U.S. citizen spouse, son or daughter over 21 years of age) to apply for a waiver of the 3/10 year unlawful presence bar “in the U.S.”  The conditional approval of the I-601A waiver by the USCIS would then make visa processing a very quick process-the time frame stated was one month.  What the USCIS did not state is how difficult it would be to get the I-601A waiver approved.  There are a number of reasons why this I-601A does not live up to its billing. Continue reading “The Misleading I-601A Waiver”

When will the House act on Comprehensive Immigration Reform?

All has been quiet on the immigration reform front since Congress went on recess in August, and as of today, September 24, 2013, there seem to be more questions regarding comprehensive immigration reform than answers.  The following are three questions on the minds of all parties affected by any pending legislation. Continue reading “When will the House act on Comprehensive Immigration Reform?”

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Practice Areas

Temporary Protected Status Temporary Protected Status
We have extensive experience representing clients who are eligible for Temporary Protected Status
Permanent Residence Permanent Residence “Green Card”
We can help you get permanent residency (green card) through family-based immigrant visas and employment-based immigrant visas.
Deportation Deportation/Removal
We defend individuals who have been placed in removal/deportation proceedings.
Non-Immigrant Visas Non-Immigrant Visas
We help clients determine which visa category is right for them and assist them with the petition and visa processing.
Naturalization Naturalization (Citizenship)
We help clients in every step of the Naturalization process. From preparing to file, to the post-interview follow-ups, we provide clients with our legal services.
Deferred Action for Childhood Arrivals Appeals
We provide a detailed review of your case that was denied and prepare arguments using the facts and law to address the issues.
Deferred Action for Childhood Arrivals Waivers
We have extensive experience preparing waiver applications for clients who require a waiver to become a lawful permanent resident (green card holder)
Deferred Action for Childhood Arrivals Deferred Action for Childhood Arrivals (“DREAMers”)
We have successfully handled hundreds of deferred action cases for “DREAMers” and continue to assist the next generation of young Americans.
Personal Injury Personal Injury
We represent clients who have been injured in auto accidents, premises liability (slip/trip and fall) cases, negligent supervision cases, dog bite cases, and construction accidents.
Practice Areas Additional Practice Areas
We represent clients who are involved in court cases in a variety of matters such as family law, uncontested divorce, adoption, criminal defense, personal injury defense, and general litigation.

Attorney Profile

Attorney Dan Drucker

Daniel S. Drucker concentrates his practice in immigration law, specializing in family-based cases, small business immigration, and college/university-based immigration. He also has a substantial litigation practice, specializing in personal injury, general litigation, criminal law, and family law.

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