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Asylum in the United States: What You Should Know Before You File
Are You Afraid to Return to Your Home Country? For some immigrants in the United States, returning to their home country may mean facing persecution, threats, violence, or other serious harm. If you are afraid to return because of what could happen to you, asylum might be an immigration option worth exploring. But asylum is not simply based on living in a dangerous country or having experienced difficult circumstances. There are specific legal requirements, and the facts of e
mburchettlaw
Sep 215 min read


VAWA: An Immigration Option for Survivors of Abuse
Image: © Tinnakorn jorruang / Shutterstock You May Have an Immigration Option Even If Your Abuser Will Not Help You Leaving an abusive relationship can be difficult for many reasons. For immigrants, fear about their immigration status can make the situation even more complicated. Some people worry: “If I leave, what will happen to my immigration status?” “What if my spouse refuses to help me?” “What if I don't have legal status?” For certain survivors of abuse, the Violence A
mburchettlaw
Sep 94 min read


Adjustment of Status: Can You Get Your Green Card Without Leaving the United States?
For some immigrants, getting a green card does not require leaving the United States. Adjustment of Status (AOS) allows certain eligible individuals who are already in the United States to apply for lawful permanent residence without completing the entire immigrant visa process through a U.S. embassy or consulate abroad. But here's the important part: Being inside the United States does not automatically mean you qualify for Adjustment of Status. Your manner of entry, family
mburchettlaw
Aug 316 min read


Is Your Green Card Expiring? What You Should Know Before You File for Renewal
Is your green card about to expire? For many permanent residents, renewing a green card may seem like a simple process. However, not every green card holder should simply file Form I-90 without first reviewing their situation. The type of green card you have, your travel history, criminal history, and other immigration circumstances can affect what you should do next. Here are some important things to know before you file. Do You Have a 10-Year Green Card? If you have a regul
mburchettlaw
Aug 313 min read


IMPORTANT IMMIGRATION UPDATE: Federal Court Vacates 75-Country Immigrant Visa Suspension
A major development could affect thousands of families waiting for immigrant visas. On August 21, 2026, the U.S. District Court for the Southern District of New York vacated the U.S. Department of State's policy suspending the issuance of immigrant visas to nationals of 75 countries. The case, Catholic Legal Immigration Network, Inc. v. Rubio, No. 1:26-cv-00858 (S.D.N.Y.), challenged the State Department's decision to indefinitely suspend immigrant visa issuance based on conc
mburchettlaw
Aug 254 min read


Thinking About U.S. Citizenship? What Green Card Holders Need to Know Before Filing Form N-400 in 2026
Becoming a U.S. citizen is an important milestone for many lawful permanent residents. But becoming eligible to apply for naturalization involves more than simply having a green card for five years. Before filing Form N-400, Application for Naturalization, applicants should carefully review their residence, travel history, criminal history, taxes, immigration history, and other eligibility requirements. And in 2026, there are additional reasons to prepare carefully. USCIS imp
mburchettlaw
Aug 174 min read


New BIA Decision Changes the Rules for Advance Parole Travel
If you have Advance Parole and are considering traveling outside the United States, a major new immigration decision could affect your ability to return and pursue a green card. On August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision in Matter of DelCarmen-Lara, 29 I&N Dec. 830 (BIA 2026) that changes how certain departures from the United States are treated under the immigration laws. The decision overturned a longstanding precedent, Matter of Arrabally
mburchettlaw
Aug 173 min read


What the New U.S. Travel Ban Is and Means for Immigrants Attempting to Come to The U.S.
The U.S. published the travel ban policy with an updated proclamation on December 16, 2025 . The U.S. government significantly expanded travel restrictions on citizens of multiple countries, citing “national security and public safety” concerns. The policy builds on an earlier travel ban instituted in June 2025 and adds new nations subject to entry restrictions starting January 1, 2026. [1] There are two key categories of restrictions: Full Travel Ban Travel and visa issuanc
mburchettlaw
Dec 29, 20255 min read


How to Get Your Immigration Bond Money Back After Your Case Is Closed / Cómo Recuperar el Dinero de una Fianza de Inmigración Después de Cerrar su Caso
If you or a loved one paid an immigration bond to secure release from ICE custody, you may be wondering what happens after the case ends — especially if the case was terminated, closed, or the person has even become a U.S. citizen. The good news is that in most cases, the person who paid the bond (the obligor ) can request a refund or a release of collateral. What Is an Immigration Bond? An immigration bond is money paid to ICE (U.S. Immigration and Customs Enforcement) to gu
mburchettlaw
Nov 12, 20254 min read


Recent USCIS Policy Update: U Visa Holders Applying for a Green Card
USCIS recently released a policy update (November 3, 2025) clarifying how “admission” and “parole” are defined when applying for a green card under INA § 245(a). This guidance is effective 11/02/25. Feedback is due 12/03/25. So, many people are wondering whether this new guidance affects U visa holders , particularly those who originally entered the U.S. without inspection under INA § 212(a)(6)(A) for an unlawful entry into the U.S . Below, we explain what the update mea
mburchettlaw
Nov 6, 20253 min read


Understanding the 2025 Changes to the U.S. Naturalization Test
A significant update to the naturalization process has occurred, the U.S. Citizenship and Immigration Services (USCIS) has announced the...
mburchettlaw
Sep 17, 20252 min read


What the Supreme Court's Latest Ruling Means for Immigration Enforcement
On September 8, 2025 , in a distinct 6–3 ruling , the U.S. Supreme Court lifted a temporary restraining order that had previously...
mburchettlaw
Sep 10, 20252 min read


What is VAWA? VAWA Frequently Asked Questions (FAQ)
1. What is VAWA? The Violence Against Women Act (VAWA) allows certain immigrants who have suffered abuse by a U.S. citizen or lawful...
mburchettlaw
Sep 9, 20252 min read


Trump’s Attempt to Defund Sanctuary Cities Hits a Wall
When he returned to the White House, President Trump renewed his aggressive stance against so-called "sanctuary cities"—jurisdictions...
mburchettlaw
Aug 23, 20252 min read


An Overview of 245(i) Provision in U.S. Immigration Law
What is 245(i)? The term "245(i)" refers to a provision in the U.S. immigration law that allows certain individuals who are eligible for...
mburchettlaw
Jan 5, 20242 min read


What's the Difference Between an Immigrant Visa and a Nonimmigrant Visa?
There are two types of visas to enter the United States. One is an immigrant visa where foreign applicant intends to live in the United...
mburchettlaw
May 9, 20222 min read


Certain Employment Authorization Documents are Automatically Extended to 540 days
Certain categories of employment authorization documents (EADs) are eligible for automatic extensions upon the submission of an...
Marysa Burchett
May 5, 20221 min read
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