About Michael

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Removal Proceedings

Deportation of a non-citizen in the United States is referred to as “removal” by the Department of Homeland Security (DOH) and is executed by Immigration and Customs Enforcement (ICE).  When a foreign national is found to be living in the United States without proper documentation, or does have proper documentation but commits a serious enough crime, DOH labels them “removable.”  Currently, there are around 11-12 million people living in the United States without proper documentation and are often called “illegalimmigrants.”  40% of that population are those who entered the United States legally on a visa but have since overstayed.  The United States has a process whereupon those who are found to be in the United States illegally are removed through removal proceedings.  However, there are ways in which someone in removal proceedings can cancel the proceedings.  Once someone goes through the removal proceedings a judge will decide whether or not to cancel the removal or remove the person from the U.S.  The qualifications and procedure of canceling removal proceedings are covered in this section of the website.

Photo Credit: WMWomen

Employment Immigration and Visas

Oftentimes foreign nationals are needed to fill employment positions in the United States in a variety of ways, from agriculture to rocket scientists.  U.S. employers must be certified to seek employment from  a foreign national and a job must be offered to a foreign national in order for the foreign national to receive a visa authorizing them to work in the U.S.  Depending on the type of work being offered a foreign national, employment based visas are given preference by the United States Citizen and Immigration Services.  For example, a citizen of another country who has won a Nobel Prize and has been offered a job by an American company to work in a highly complex job is given preference over a typical desk job.

Many nonimmigrants who move to the United States after receiving an employment based visa seek to adjust their status and become legal permanent residents.  This is common among workers who desire the benefits of permanent residency and plan on living in the United States long term.  This section of the website will answer your questions regarding employment based immigration, including preference, labor certification of employers, types of visas available to employees, as well as sanctions and legal issues pertaining to employers.

Inspection and Admission

Any individual, whether a citizen of the United States or a foreign national seeking admission to the United States, is checked at a port of entry prior to admission.  A port of entry may literally mean a sea port; however, it also means a border crossing checkpoint between Mexico or Canada and the United States, or an U.S. Customs and Border Protection (CBP) desk in an airport.  Regardless of what port you enter through, a preinspection and clearing process takes place between the traveler and an immigration officer. Each traveler must have proper identification and evidence proving that their admission to the United States has been approved by the Department of Homeland Security which is usually a passport with a visa granting admission.  The Department of Homeland Security’s agency tasked with granting or declining benefits and permission to foreign nationals is the United States Citizenship and Immigration Services (USCIS).  Any person entering the United States without permission granted by UCSIC, with the exception of Canadian nationals because of the North American Free Trade Agreement, are deemed to be in the United States illegally.

Any alien arriving at a port of entry is defined as an Applicant for Admission.  Due to the fact that an alien is granted final permission to enter the country by a CBP officer, they are not defined as “Admitted” until CBP grants final entry, even if they arrive at the port of entry with proper documentation and visas.  For those arriving at a port of entry without permission for entry can either seek Asylum or they will be turned away by CBP and forced to return to their country of origin.


Photo: Tomás Castelazo