Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation, video conference or in-person meeting is appropriate for your situation.

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Bias in immigration laws

On Behalf of | Sep 9, 2021 | Blog, Immigration News |

Immigrant applicants for admission into Illinois and other U.S. states are scrutinized in an in-depth manner that can include a significant background check in their native country as well as any legal violations from previous stays in the United States. The truth about granting a visa to a foreign national is that many people from specific countries are allowed legal passage while those from designated and lower acceptability nations are refused. This unfair practice has now been acknowledged by the court system that makes the final decisions on legal entry.

Reentry after a deportation may now be allowed

One particular ruling that reaffirmed this positional shift occurred in Nevada when a federal judge ruled that the practice of restricting a foreign national from legal residency due to a prior deportation is essentially racist and unconstitutional. This ruling will likely be the controlling precedent unless overturned at the circuit level, so it has the potential to dramatically impact the entire immigration system.

How this ruling affects future cases

In the event that the ruling stands, there is a definite possibility that those awaiting a future deportation could be released. In addition, it could also encourage many former deportees who cannot gain entrance to come back to the United States. Furthermore, it could make it much easier for former deportees to gain legal entry when their record allows it and there is acceptable sponsorship.

Anyone in Illinois who has previously been deported and awaiting legal authorization to stay in the U.S. might be impacted by this ruling. If there is no appeal, it could set policy for immigration services until Congress attempts to modify the policy change.

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