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December 2015 Archives

Prosecutorial discretion program and deportation

People in South Carolina who are facing deportation may be interested in learning about the prosecutorial discretion program. Under the immigration law, the government has the ability to allow people to remain in the U.S. who would otherwise be people who could be deported.

Trump's proposed ban on Muslims might be legal

South Carolina residents may have heard about the controversial statements about immigration that have been made by presidential candidate Donald Trump. He caused a media storm when he called for a complete ban on Muslims entering the United States. Later, Trump clarified his statement, saying that he did not mean Muslim citizens of the United States, just foreign Muslims.

Expect heavy scrutiny for a K-1 visa

If a South Carolina resident wants to marry a foreign partner, a K-1 visa for a fiancée provides an avenue for that other party to come to the United States. However, the December 2015 mass shooting in San Bernardino may result in more extensive consideration of those seeking such visas. A couple that used such a visa were the alleged perpetrators of the event, which has drawn increased attention to this form of entry into the country. Approximately 50,000 individuals make use of this visa option each year.

EB-5 foreigner investor visa program

South Carolina investors should know that the popular EB-5 immigrant investor program was set to expire in mid-December. The controversial initiative has pumped billions of dollars into commercial development projects and revitalized struggling neighborhoods across the United States, but it has also been criticized for being susceptible to fraud and its misuse of taxpayer dollars. It now appears likely, however, that Congress will extend it through September 2016.

How refugees are admitted to the country

Foreign refugees who want to relocate to South Carolina or anywhere else in the country must go through a rigorous screening process before they are admitted to the United States. The first thing that a person must do is to apply for refugee status by showing evidence that they have been forced to leave their home country. Refugees are eligible for asylum in the U.S. if they are being persecuted in their home country because of their race, religion or political opinion.

Asylum detention and immigration issues

If immigrants arrive in South Carolina expecting asylum from a country that is persecuting them, they may find themselves in a situation that appears to be just as bad as the one that they left. Asylum seekers in a number of states have begun hunger strikes after having been stuck in detention centers for months. The strikes began in California and Alabama before Thanksgiving, and they have spread to several other states since.

Timing by Supreme Court may aid Obama's immigration plans

South Carolina residents may be familiar with the immigration debate in the nation, but action on President Obama's plans to protect millions of undocumented individuals from possible deportation have bogged down in the court system. In the early part of 2015, many states argued that the President had overstepped his authority in the case. This resulted in an injunction by a U.S. District Court, and the case then went to the U.S. Court of Appeals for the 5th Circuit.

Young immigrants may qualify for visas, not asylum

Many immigrants in South Carolina who are fleeing violence in Central America or other parts of the world do not qualify for asylum. An asylum applicant must show that they are being threatened in their home country because of their political views or membership in a certain group. While a person may fear real threats of gang violence, these fears are not always enough to make a person eligible for asylum.

Permanent residents don't have to show green cards

Permanent residents who are living in South Carolina are not obligated to show employers their green cards in order to prove that they have authorization to work in the United States. Though an employer may ask employees to fill out a Form I-9 to verify their identity, employees may produce any identification document that they choose from a list of acceptable documents.

Office Locations

The Kasen Law Firm, LLC
768 Saint Andrews Boulevard
Charleston, SC 29407

Toll Free: 888-370-5810
Phone: 843-376-4085
Fax: 843-821-0046
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The Kasen Law Firm, PLLC
136-20 38th Avenue, Suite 3C
Flushing, NY 11354

Phone: 718-337-8012
Fax: 843-821-0046
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Mailing Address:
P.O. Box 1865
Summerville, SC 29484