Florida Immigration & Citizenship Blogs | Tucker & Ludin P.A.
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Category Archives: Immigration

Immigration Victory for Victims of Domestic Violence from Guatemala

The Board of Immigration Appeals ruled in late August 2014 that Guatemalan victims of domestic violence qualify for asylum as a “particular social group”. The lead Applicant in the case was a Guatemalan woman who was abused on a weekly basis by her husband in Guatemala. The beatings started after she gave birth to their… Read More »

Court Upholds Denial of Cancellation of Removal

Clarifying the criteria to qualify for non-Lawful Permanent Resident Cancellation of Removal, the First Circuit upheld the Board’s decision denying such relief. A non-LPR (an LPR being a green card holder) may qualify for Cancellation of Removal, among other things, if he or she has been in the United States for more than 10 years… Read More »

What Happens if You Leave the Country After an Immigration Judge Orders Your Removal?

Since 1952, immigration regulations have tried to prevent immigrants who had departed the United States from pursuing any further relief, such as filing a Motion to Reopen before the Immigration Court or the Board of Immigration Appeals. Under the current regulations, 8 C.F.R. §§ 1003.2(d) and 1003.23(b)(1), immigrants are barred from pursing such motions if… Read More »

Things You Need To Know About Green Cards Through Marriage

Many people believe that the easiest way to get a green card (lawful permanent residency) is to marry a US citizen. Once you have a green card through marriage, you become eligible for naturalization after only three years. Other green card holders must wait five years. It is important to realize that getting a green… Read More »

The Supreme Court Strikes Down DOMA Opening Opportunities for Same Sex Couples

Because of DOMA,  Federal benefits were denied to same sex couples. Today, the Supreme Court ruled it unconstitutional. At Tucker & Ludin we are studying how this ruling will affect immigration laws.  Before today, a US citizen or lawful permanent resident could not sponsor their foreign gay spouse for a green card. Also, an abused person… Read More »

Senate To Consider Immigration Bill from “Gang of Eight”

The US Senate is now considering a comprehensive immigration bill which would dramatically alter the current laws in the U.S. Most significantly, the bill would provide a legal status for thousands, if not millions, of non-citizens currently in the U.S. unlawfully. People should be cautious when reading this news and remember that the bill must… Read More »

Court Rules an Undocumented Immigrant Cannot be a Member of the Florida Bar

Jose Godinez-Samperio came to the United States when he was 9 years old. His parents brought him here on a visitor’s visa and remained in the U.S. after it expired. He attended college and eventually graduated from the Law School at Florida State University. He completed all requirements to become a lawyer and passed the… Read More »

Why Your Intent Must Match Your Visa

One of the primary issues a US Citizenship and Immigration officer considers when deciding whether to issue a visa is whether the applicant’s intent matches the intent of the visa.  For example, the officer will not issue a vacation visa if it is the applicant’s intent to immigrate. In fact, if an applicant enters the… Read More »

What is Persecution?

At Tucker & Ludin, we often represent people who want to apply for asylum because, if they return to their original home country, they will be persecuted. The US Citizenship and Immigration Service reviews and grants petitions if the immigrant has suffered persecution or fears they will suffer persecution due to: Race Religion Nationality Membership… Read More »

How to Get a Green Card

Thousands of immigrants come to America each year to be with their families, get married or start a new life. Most enter the United States using an immigrant or non-immigrant visa, which solidifies temporary residency status. To achieve permanent residency, you must obtain a “Green Card.” The process isn’t always easy, often requiring a mountain… Read More »