New York City and Tri-State Area

Tag: immigration law

Dan Drucker Published Article in Nassau Lawyer on Matter of H-A-A-V-

Dan Drucker was recently published in the Nassau Lawyer, the Nassau County Bar Association’s newsletter, where he discussed the case of Matter of H-A-A-V-, an immigration lawsuit with alarming implications for asylum seekers. In it, the Board of Immigration Appeals (BIA) ruled that a judge could pretermit an asylum application if the judge believed the respondent did not present a prima facie claim for relief. In other words, if an asylum seeker was unable to convince a judge they had an asylum claim on their face, the judge could deny it without an opportunity for appeal or trial.
You can read more in the article below.

DC District Court Blocks Deportation of Guatemalan Children

The federal District Court in Washington D.C. has temporarily blocked an attempt by the Trump administration to deport as many as 50 Guatemalan children back to Guatemala. Lawyers for the United States government claimed they were simply attempting to reunite children with their families, but lawyers for the children said this was not true, with many of the children facing dangerous circumstances if they return. These deportations are now on hold while the legal fight plays out in the courts.

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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.

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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”

Biden Administration Proposes “Transit Ban” For Asylum Seekers

The Biden Administration has put forward a proposed rule that, if accepted, would make it significantly harder for some asylum seekers to obtain asylum when they come to the U.S. This rule would prevent anyone who traveled to the United States after passing through another country from seeking asylum, unless they also first sought asylum in those other countries. For many asylum seekers, this “transit ban” could have a negative impact on their ability to obtain asylum and remain in the U.S. legally.

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Senators Discuss Bill to Address Border Security and DREAMers

In a new proposed bipartisan bill, several U.S. senators are looking to find a compromise solution to issues related to border security, as well as help for DREAMers (immigrants who were born outside of this country, but came to the U.S. at a young age.)   The bill, if passed, would introduce a number of dramatic changes aimed at reducing the number of immigrants in detention facilities, as well as introduce a potential path to citizenship for undocumented immigrants who came to the United States as children. However, the bill faces an uphill battle to obtain passage, with some members of the House and Senate already announcing their opposition. 

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Federal Court Strike Title 42 Rule

In a ruling passed down on November 15, a district court judge struck down Title 42, a pandemic-era policy intended to make it harder for many immigrants to seek asylum in the United States. According to the ruling, the policy was not passed in accordance with the Administrative Procedures Act, making it illegal under federal law. This means that asylum seekers will have an easier time pursuing legal protections when they cross the border into the U.S.

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What Are U-Visas, And How Do You Become Eligible For One?

U-visas are an important tool for many immigrant victims of crime as a way to help them obtain legal immigration status. For some, a U-visa can offer an opportunity to potentially pursue permanent residency or citizenship in the future. But what are U-visas, and how do you become eligible to obtain one?

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Five Common Ways That Immigrants Can Have Their Visas Revoked

When an immigrant comes to the United States for work or family purposes, they must have an appropriate visa. Without this visa or other immigration documentation, they are at risk of immigration consequences, potentially leading to deportation proceedings and removal back to their country of origin. Here are five of the most common ways that immigrants have their visas revoked, potentially resulting in the risk of removal:

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Court Approves Settlement in MAVNI Lawsuit

A federal court has approved a settlement between beneficiaries of the Military Accessions Vital to the National Interest (MAVNI) program and the United States government, allowing more participants in that program to obtain military naturalization. The settlement, once implemented, will allow foreign citizens who served in the U.S. Army with “uncharacterized” discharges, as well as those currently serving in the Army, to pursue U.S. citizenship. For many who served in the military, this is a welcome development that could help them on the road to naturalization.

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Client Testimonials

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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