Immigration QA

I was recently asked what I'd like non-immigration attorneys to know about the practice of immigration law. The first thing that came to mind is it's complexity.  This is not to say other areas of law are not incredibly complex, but a flavor of what a typical immigration lawyer encounters may be enlightening for lawyers and non-lawyers alike. In a landmark decision expanding rights of noncitizens regarding proper immigration advice before a guilty plea, the U.S. Supreme Court specifically stated, “Immigration law can be complex, and it is a legal specialty of its own.” Padilla v Kentuck y (2010).  The court was right to underscore this, and it’s understandable how many can overlook just how complex immigration law is. For example, different “legal statuses” exist for noncitizens depending on their purpose of entry. There are temporary entries ranging from visitor or student, to refugee and myriad of narrowly defined occupations.  Then there is Legal Permanent Residency, o...

Farruko was arrested for not declaring more than $10K to U.S. Customs. That's the Question When Bringing Money into the U.S. This week, the reggaeton music artist, Farruko, was arrested and charged for failing to declare the import of more than $10K into the U.S.  Had he simply stated on his customs card that he had $54K, Farruko fans would've been Chillax-ing at his next gig with Ky-Mani Marley as we write this. Readers of Chaudhary Immigration Attorney's  blog, however, have the benefit of legal advice that Farruko apparently did not.  So, in the singer's words, listen to "Lo question Yo Diga"(What I Have to Say): 1. It is NOT illegal to bring more than $10,000 into the U.S. 2. Bringing more than $10,000 into the U.S. is NOT subject to any extra duty (on its own). 3. Such money is not necessarily reported to the IRS without other relevant concerns. Now, although this is a common myth, it is not without government blame.  Just reading I...

Recently I received the following question:    "I am on F1 status, and I'm doing my masters. Recently, I checked that my I94 was expired. I have 4 years of my visa left." Answer:   As an F-1 student your original I-94 should have been marked "D/S" with no expiration date. Customs and Border Patrol (CBP) either made a mistake or had concerns about your entry and wanted to review your status at a certain time. Discuss your specific situation with your DSO, including whether you should go to the CPB at your airport to correct the I-94, or whether simply departing and returning with a new I-94 would cure the problem. In addition to your visa you also need a current I-20 which the DSO provides.