Davis Ndanusa Ikhlas & Saleem LLP

2026 Travel Ban Explainer

Thu, 15 Jan 2026 16:01:20 GMT

Beginning January 1, 2026, the Trump Administration’s restrictions on immigrant and non-immigrant entry to the United States, also known as the “Travel Ban”, will impact 39 countries.

Beginning January 1, 2026, the Trump Administration’s restrictions on immigrant and non-immigrant entry to the United States, also known as the “Travel Ban”, will impact 39 countries. Additionally, the Trump Administration has announced various USCIS policy changes that will impact the applications of individuals from the “Travel Ban” countries. Please refer to the charts below, created by IRAP, to locate the affected countries and exceptions.

In Appendix A, the countries listed as “full ban” mean that there is a complete halt of immigrant and non-immigrant entry into the United States from nationals of the listed countries.

People from the listed countries, even those listed under the “full ban,” will still be able to apply for visa issuance and admission. However, even if fully eligible for the visa, DOS offices are instructed to issue a refusal under 212(f) of the INA. For partially banned countries, the DOS has been directed to reduce the number of visas issued and available.

The travel ban will not apply to people with valid visas to enter as of the start of the travel ban (01/01/26), current permanent residents (green card holders), or dual nationals who travel on passports from non-listed countries. However, although the travel ban does not revoke valid visas or affect those with valid immigration status already in the United States, USCIS has placed a hold on immigration benefits pending a re-review for applicants from the listed travel ban countries. They have also deemed nationality from one of these countries as a negative factor in consideration for discretionary adjudication. USCIS will implement new policies for re-reviewing applications for immigration benefits for anyone from the listed countries with a pending application.

The mos t significant changes for the January 2026 travel ban expansion are the removal of two major exceptions from the June 2025 ban. First, as of November 2025, the Department of State has suspended all visa issuance and processing for nationals of Afghanistan without any listed exceptions. This includes Afghan SIVs. Second, immigrant visas for immediate relatives of US citizens in the listed countries have been halted.

Source: IRAP Explainer on the Expanded 2025 Travel Ban; Explainer on the Trump Administration’s Expanded 2025 Travel Ban ; International Refugee Assistance Project, 23 December 2025, IRAP Explainer on the Expanded 2025 Travel Ban | International Refugee Assistance Project .

How do you prepare for a USCIS Marriage Green Card interview?

Tue, 25 Nov 2025 20:42:32 GMT

At your marriage-based green card interview, a USCIS officer will investigate the legitimacy of your marriage (ensure that it is bona fide ). USCIS officers will use both evidence, such as bank statements and a marriage certificate, as well as your answers to the questions in the interview, to decide on your case.

The first step of preparing for your interview is collecting the proper documents and evidence to bring with you to the interview.

Evidence is essential in marriage-based immigration cases, and the officer will want to see the documentary evidence you provided in your application. You should bring paper (printed) versions of all of the documents and evidence that you submitted to USCIS with your I-130/I-485 applications. Make sure to bring the original versions of the evidence you submitted with your initial application, such as your official birth certificate, original marriage certificate, passports, IDs, and prior divorce documents, if applicable.

In addition to the original evidence, you can provide further evidence at your interview. This means that, for example, you should bring updated documents such as recent bank statements, utility bills, IDs with the same address, new insurance policies with both your spouse as a beneficiary, new photos, and birth certificates if you have had children after submitting your application.

You can learn more about the kinds of evidence you can include in your application here .

The next step in preparing for your interview is meeting with your spouse to review important dates in your relationship and marriage.

This can include the day that you met, began dating, got engaged, and were married. Some of these dates can be less exact in your memory than others. For example, if you met your spouse at a mutual friend’s wedding, but you saw each other again at a dinner with friends a few weeks later, one of you might forget which one was actually your first meeting. These are important details to discuss with your spouse before you go to the interview. Make sure that you both remember the timeline of your relationship clearly.

The next step in preparing for your interview is to review common marriage interview questions.

Many questions in the interview can get quite personal, and the interviewer will likely ask you very specific details about you and your spouse. There are some general questions that you should ensure you know, like birthdays, anniversaries, and other factual information about your spouse. You should also know this information about their immediate family, such as your spouse’s parents’ names, and the names of your spouse’s friends.

You should also prepare for questions about the layout of your home, your daily routine, and any other information that couples in a marriage together and who live together would know. For example, you may need to remember how your living room is laid out, how many windows you have in your

Stokes Interview

Sometimes, if a USCIS officer notices a red flag in your relationship , or if you have an inconsistency during your interview (and sometimes just at the discretion of the officer), you will be separated from your spouse, and you will be interviewed separately. In each individual interview, you will be asked the same questions, and the interviewer will check if your answers are the same. This is called a Stokes interview. These interviews can be intimidating, and you and your partner should be prepared for the possibility of this form of interview. After you each answer questions, you will have the chance to explain any discrepancies in your answers.

At our firm, we offer interview preparation for our clients who are applying for green cards based on marriage. We understand that there is a wide range of questions that couples can be asked during the interview and that it is essential that couples come prepared. Our interview preparation includes mock USCIS interviews, document review, and an assessment of your interview answers. If you are interested in learning more about our interview preparation process or if you would like to hire us for interview preparation, please contact us.

What is the Good Cause Eviction law?

Tue, 18 Nov 2025 15:49:59 GMT

The Good Cause Eviction law aims to protect New Yorkers from unreasonable eviction or rent increases. This law specifically protects many New York City tenants in unregulated homes. If your home is covered by this law, the landlord will need to provide a “good cause” reason to end a tenancy.

What homes are not covered by the Good Cause Eviction law?
Some homes may not qualify for Good Cause Eviction protection. This includes, but is not limited to:

Homes owned by a landlord who has 10 units or fewer total in New York state
If a tenant sublets their apartment and chooses to return to the home
An apartment that is rent-stabilized or rent-controlled
Homes regulated by government entities with rent or income restrictions, such as HPD Housing Connect or Project-Based Section 8 vouchers
Homes built on or after January 1, 2009
Buildings with 10 or fewer apartments, if the owner lives in the same building

You can find more information about homes that do not qualify here .

What are “good cause” reasons for eviction under the Good Cause Eviction law?
Under this law, landlords can evict a tenant, terminate a tenancy, or refuse to renew a lease for “good cause” reasons. This can include, but is not limited to:

Nonpayment of rent (unless the nonpayment is due to an unreasonable rent increase)
The tenant has broken the terms of the lease or other agreed-upon rules set by the landlord
The tenant has allowed behavior or behaved in a way that interferes with the health, safety, or comfort of other tenants
The tenant has damaged the home or property
The tenant is using the home or property for illegal activity or allowing others to do so

You can find more “good cause” reasons here .

What is an unreasonable rent increase?
To calculate a reasonable rent increase for a home covered by the Good Cause Eviction law, you can use this formula:

(Current rent) x (1.0879) = Maximum total rent after increase

For example, if your current rent is 1,000:
(1000) x (1.0879) = 1087.90

Therefore, if your rent is increased to a total of $1,087.90, it could be deemed unreasonable in housing court.

What is a "Sanctuary City"?

Mon, 10 Nov 2025 15:24:59 GMT

Sanctuary policies aim to create safe cities.

The term “Sanctuary City” is not a real legal term, and there is no specific set of guidelines that a city must follow to qualify as a sanctuary city. Typically, a city is labeled a "sanctuary city" when its local government implements laws and policies that restrict the cooperation of local law enforcement with federal immigration enforcement. The purpose of sanctuary policies is to create safer cities by protecting undocumented immigrants who may need to interact with law enforcement if they are witnesses or victims of a crime. These policies make it safer for undocumented immigrants to seek medical care, report crimes, and go to immigration court without fear. It is essential to note that sanctuary policies comply with federal law. Therefore, even in sanctuary cities, local law enforcement can still honor ICE requests under specific circumstances. Additionally, all jurisdictions share fingerprint information from individuals booked into prison or jail with the federal government.

New York City has historically been a sanctuary city. New York City law enforcement only honors ICE detainers if they are enforced by a judicial warrant or if the individual has committed a serious crime. Also, New York City agencies don’t share immigration information with federal authorities unless someone is suspected of a crime. Mayors can often be central in advocating for the protection of sanctuary policies. NYC sanctuary policies began in 1989 with Mayor Ed Koch’s executive order to bar city officials from sharing information about immigrants with federal immigration authorities, and sanctuary policies have been expanded and reinforced by New York City mayors with diverse ideological platforms. This is particularly important in light of the Trump administration’s effort to crack down on sanctuary cities. However, mayors can stand up to Trump on ICE enforcement by strengthening and expanding sanctuary laws, as well as creating vital support programs for immigrants.

Can I do anything about an unfavorable decision from USCIS on my case?

Mon, 03 Nov 2025 17:05:40 GMT

Yes. In many cases, you still have options to file an appeal or a motion after a negative decision on your case.

Broadly speaking, these options allow you to petition for your case to be reconsidered so that you have another chance to receive a favorable decision. An appeal requests that a different authority review your case. Motions request the USCIS office that issued your original decision to review its initial decision.

What does it mean to appeal my case?

When you appeal your case, you are requesting a different authority to review the decision. This means that if you filed with USCIS, you might request the USCIS Administrative Appeals Office, the Board of Immigration Appeals, or an office in the Department of Justice to review your case, depending on the type of case you initially filed. They will review the original information provided in your application and come to a decision.

What is a motion to reconsider?

A motion to reconsider is a request for USCIS to reconsider its original decision based on an incorrect application of the law or of policy. You must state the reasons for reconsideration and establish that the original application of USCIS policy or the law was incorrect based on the original evidence.

What is a motion to reopen?

A motion to reopen is a request for USCIS to reconsider its original decision based on new information and evidence. The motion must state new facts and be supported with evidence. This evidence must demonstrate your eligibility at the time of your original application.

Do I need an attorney to file a motion or appeal on my decision?

Filing a motion or appeal can be a complex process, and there are strict deadlines in place. Hiring a lawyer can help you understand the best options for your case and file accurately and on time. At our office, we have extensive experience filing motions and appeals for various immigration matters. If you would like to discuss your options and how we can help, please contact us.

If I am the beneficiary, can I file an appeal or motion?

Generally, the petitioner must file an appeal or motion. If you are the beneficiary, you can only file if you are the petitioner and beneficiary, for example, in VAWA self-petitions.

How fast do I need to file after I receive an unfavorable decision?

In general, you will need to file within 30 days of the date of the unfavorable decision. This means that you have 30 days from the date printed on your decision, not the day that it was received . If you received the decision by mail, you will have an extra 3 days (a total of 33) after the date of your decision. In the case of revocation of approval, you will only have 15 days to file, and 18 if you receive the decision by mail. It is important to seek legal counsel as soon as possible, as these deadlines are very soon after receiving your decision, and you must file within the deadline.

What is a VAWA Self-Petition?

Tue, 28 Oct 2025 14:42:10 GMT

What is VAWA?

The Violence Against Women Act (VAWA) is a federal law in the United States that gives legal protection to victims of domestic violence, sexual assault, and other related crimes. One of the benefits of VAWA is that it provides a pathway to immigration for victims of domestic abuse who otherwise would need to rely on their abusers for sponsorship. As you may have learned from our other articles on the adjustment of status (AOS) process, it generally relies on a U.S. citizen or permanent resident filing a petition for your application for a green card. This means that your application is reliant on and controlled by your family member, who is a citizen or LPR, until your application is successful. In the case of marriage-based AOS, you can remain reliant on your marriage for immigration status even after you are granted a green card. VAWA allows qualifying applicants to self-petition for immigration status, meaning that they can apply for adjustment of status without a sponsor. The applicant will not be reliant on their abuser for immigration status. Instead, they can file independently.

"One of the benefits of VAWA is that it provides a pathway to immigration for victims of domestic abuse who otherwise would need to rely on their abusers for sponsorship."

How do I qualify for VAWA self-petitioning?

There are three requirements to be eligible for VAWA self-petitioning. The first part of a VAWA self-petition is having a qualifying relationship with an abusive U.S. citizen or lawful permanent resident (LPR). This means that you must be the spouse or former spouse of a citizen or LPR, the child or stepchild of a citizen or LPR, or the parent of a citizen who is 21 or older. You can learn more about each of these categories in further sections. The second requirement is showing proof that you were subject to “battery or extreme cruelty” by someone with a qualifying relationship to you. The third step is proving that you have “good moral character.”

What do I need for my application if I am married or was married to a citizen or LPR?

First, your relationship to your abusive spouse must fall under one of these five categories:

You are currently married to a citizen or LPR.
You are divorced from a citizen or LPR because of abuse. This divorce must occur within two years of your application. The two-year time period begins when your divorce is finalized.
You are married to a citizen or LPR who lost their status because of domestic violence within two years of your application.
You were married to a citizen or LPR and later found out that they were still married to a different partner.
Your citizen spouse died within two years of your application.

If you fall under one of these five categories, you will need to prove that you were in a bona fide marriage.

What qualifies as abuse for my VAWA petition?

For VAWA applications, abuse is considered “battery or extreme cruelty.” This means that you must prove that you were battered or subjected to extreme cruelty by a citizen or LPR with whom you have a qualifying relationship. Both of these terms are broad and encompass many different forms of harm.

What qualifies as battery?

Battery generally refers to physical violence, such as hitting or punching. This can also include many forms of sexual violence.

What qualifies as "extreme cruelty"?

In some ways, extreme cruelty is more complex to illustrate than battery because it goes beyond the scope of physical violence. There is no specific definition of extreme cruelty outlined by USCIS. It is more important to demonstrate a consistent pattern of control and cruelty. This can include isolation, financial abuse, violent threats, restriction of food/medication/clothing, or threats of deportation. It can also include intimidation, manipulation, or consistent humiliation. This is not a comprehensive list, and there are a variety of behaviors that can constitute extreme cruelty and/or battery.

Is there a specific time period in which the battery or extreme cruelty needed to happen for me to qualify?

Yes, there are specific timeframes for when the battery or extreme cruelty must have occurred to qualify for a VAWA self-petition, depending on the relationship category:

Spousal Relationship (Marriage): The abuse must have occurred during your qualifying marriage.
Parental Relationship (Child as Applicant): The abuse must have occurred when you were under 21 and living with or visiting the abusive parent.
Parental Relationship (Parent as Applicant): The abuse must have occurred when your child was 21 or older.

Even though abuse must occur within this time period, you can include evidence or testimony of violence towards you beyond this timeline to show a consistent pattern of violence or abuse in your relationship.

Can men qualify for VAWA self-petitioning?

Yes. Even though the law specifies women, male victims can also qualify if they meet the general requirements to self-petition.

Do I need to hire a lawyer for my VAWA case?

Filing a VAWA self-petition can be a complicated process. You will need to prove a bona fide relationship in addition to proving that you have experienced “battery or extreme cruelty.” If you would like more information on how our firm can help, please contact us .

What Evidence do I need for Marriage-Based Adjustment of Status?

Tue, 28 Oct 2025 14:01:17 GMT

Although a marriage certificate is necessary to prove that your marriage is legally binding, it is not sufficient proof of a bona fide marriage. You will need to gather and show additional evidence of your and your spouse’s relationship and life together after marriage.

What is “bona fide”?

A bona fide marriage is one that was done in good faith and for legitimate purposes by both spouses. This means that it was not entered for immigration purposes or to secure immigration benefits. USCIS will need extensive proof that your marriage is genuine, built on love, a desire to build a life together, and not for immigration to the United States. One of the most important components of any marriage-based application is proving that you are in a bona fide marriage.

You should also note that it is not a good idea to marry for immigration benefits. Being caught in a “sham” marriage will make you more vulnerable to negative immigration consequences.

You should not use this as a comprehensive checklist of what you must have. Every relationship is different, and you may have a unique combination of evidence as proof of your relationship. However, some examples of evidence that can be provided to USCIS are:

At our firm, we help clients compile strong evidence for their marriage-based cases. If you would like more information on how we can help, please contact us.

What are Red Flags in my Marriage-Based Green Card Application?

Mon, 27 Oct 2025 18:17:12 GMT

Certain facts about you and your spouse can make USCIS more likely to think that your relationship is for immigration benefits and not bona fide.

If one or more of these apply to you or your spouse, it does not necessarily mean that you won’t succeed in your application. However, you should be aware that you will need to provide more proof of your relationship and have legitimate explanations for your circumstances. Any of these factors could put your relationship under more scrutiny from USCIS:

Although these factors will likely increase the level of scrutiny of USCIS on your marriage, it does not mean that you should try to manufacture evidence or conceal any of these factors with falsified information.

You will need to have strong explanations for any of these aspects of your relationship and provide even more evidence to prove that your marriage is bona fide.

What do I do if the USCIS officer seems suspicious during my interview?

If the officer is suspicious of your marriage during the interview, or if they notice one of the red flags listed above, they may separate you and your spouse to question you individually. They will ask you similar questions and compare your answers for accuracy. This is called a stokes interview. Sometimes, a stokes interview can happen after your first interview is complete. In this case, you will be called back by USCIS for a secondary interview where you will be separated and asked more in-depth questions. Recently, many Stokes interviews have occurred during the initial interview if the USCIS officer becomes suspicious. Stokes interview questions can be as specific as asking what kind of toothpaste your partner uses or what time they generally get up in the morning.

What can I do if I experience significant delays in my immigration case?

Mon, 27 Oct 2025 18:03:10 GMT

You are entitled to a timely decision on your case.

A writ of mandamus , Latin for “we command,” is a federal court lawsuit for applicants to assert their right to obtain a decision or resolution on their case. In the context of immigration law, this legal action compels U.S. government entities such as the U.S. Citizenship and Immigration Services (USCIS), Executive Office for Immigration Review (EOIR), U.S. Embassies, or the Board of Immigration Appeals (BIA) to fulfill their duty to decide cases that have been subject to prolonged delays.

Imagine a scenario where, despite studying hard and taking your driving test, the Department of Motor Vehicles (DMV) refuses to issue a decision on your license application. You’ve completed all of the requirements: taking the test, submitting necessary paperwork, and are confident that you’ve completed each step correctly and on time. However, instead of approving your license or informing you that you have failed the application, the DMV keeps you in limbo for months, and possibly even years, without communicating its decision. You remain unsure whether you will be allowed to drive or have even passed the test. The government is responsible for processing your driving test results promptly, and the delay that you have experienced is clearly unreasonable, considering the expected processing timeline.

It is clear that in this scenario, you deserve a decision promptly. The same applies to immigration-related government processes. When an applicant or petitioner files a case completely and correctly, the U.S. government is responsible for handling the application in a reasonable amount of time. A writ of mandamus allows applicants to file a complaint directly against immigration agencies for unnecessary and prolonged delays. The purpose of a writ of mandamus is to compel the government to take action to make a legal decision on your case.

A writ of mandamus allows applicants to file a complaint directly against immigration agencies for unnecessary and prolonged delays. The purpose of a writ of mandamus is to compel the government to take action to make a legal decision on your case.

It is important to note that while a writ of mandamus can prompt action after unreasonable delays, it does not guarantee a positive decision in your case or application. However, taking this legal action will also not negatively affect your case. The goal of a mandamus lawsuit is to compel the government to take action in your case.

As a law practice, we are committed to affirmatively fighting for your rights and have extensive experience and success in filing mandamus cases. If you would like more information on how our firm can help, please contact us.

Mandamus FAQs

Q: Will suing the government (filing a mandamus lawsuit) negatively impact my application? Will I be punished for filing?

A: While it may be scary to file a case against the U.S. Government, you will not be negatively affected by your decision to file this lawsuit. The goal of the mandamus lawsuit is to compel the government to act. They will use the evidence and information you provided in your initial filing to make a decision.

Q: Am I qualified to file for a mandamus case?

A: Generally, to file a mandamus case, you must experience a significant and unreasonable delay in the processing time of your application. You also should have filed all of your application materials and documents properly and tried to inquire about the status of your case. You can check your expected case processing time with the link below. This is not an exhaustive list. Please contact our law firm directly to schedule a consultation and determine if your case qualifies.

Q: What is a prolonged delay?

A: Some of our clients have had their applications stuck in limbo for years beyond the expected timeline of their case when they come to us for a mandamus lawsuit. You can check your expected case processing time with the link below.

What is Asylum?

Wed, 22 Oct 2025 13:44:20 GMT

If I am afraid of returning to my country of origin, what are my legal options to stay in the United States?

If you are afraid to go back to your country or origin because you fear for your safety, there are legal ways to protect yourself. A common option is to apply for asylum. Asylum in the United States offers protection to individuals facing removal to a country where they have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group.

How do you qualify for asylum?

To qualify for asylum, you must be

(1) Physically present in the United States

(2) Apply within one year of your arrival

(3) You will need to prove that you have faced or will face persecution (a threat to your life or freedom) in your country of origin.

This threat of persecution must specifically stem from one or more of five protected grounds: race, religion, nationality, political opinion, and membership in a particular social group . Further details on these categories are provided below.

Do asylum applicants need to hire a lawyer?

Obtaining legal representation can significantly raise your chances of achieving a successful outcome. The asylum process can be long and complicated, with possible delays, issues, and requests for more information. An asylum application can be denied solely based on an incomplete or inaccurately completed application (I-589 form). A lawyer can offer vital support, helping you through the process and making your application stronger right from the start. They can also accompany you to USCIS interviews or immigration court.

What happens if I get approved?

If your asylum application is approved, you and any eligible family members included in your application will be able to stay and work in the United States. Eventually, you can adjust your status to that of a lawful permanent resident (also known as a green card).

Are there different types of asylum applications?

Yes. There are two pathways to asylum in the United States: affirmative asylum and defensive asylum.

What is affirmative asylum?

If you are not in removal proceedings and apply for asylum, it is considered an affirmative asylum application. Individuals seeking affirmative asylum proactively apply for asylum protection through the United States Citizenship and Immigration Services (USCIS).

What is defensive asylum?

If you are in removal proceedings and apply for asylum, it is considered defensive asylum. In these situations, you are using asylum as a defense to your removal. You will have your case heard before an immigration judge.

What do I need to prove to be eligible for asylum?

As mentioned before, applicants must establish and prove that they can’t return to their country due to a fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. You can apply for asylum based on at least one of these protected categories or a combination of multiple.

When you are applying for asylum, you will need to show substantial evidence that you fear persecution based on being part of one or more of the five protected groups listed above. When you submit your affirmative asylum application, it will include a written statement, supporting evidence, and you will typically be required to appear at an asylum interview, where you will be asked to describe your reasons for applying for asylum and expand on the information in your application. The more detail that you can provide about your experience, the better. When you are putting together your application, your goal is to explain your fear of persecution based on your membership in a protected group with as much detail, information, and specificity as possible. This means having specific dates, names, locations, and descriptions of events. Many asylum seekers also choose to describe the physical and psychological toll that this persecution has had on them, and their continued fear of returning to their country of origin.

"When you are applying for asylum, you will need to show substantial evidence that you fear persecution based on being part of one or more of the five protected groups listed above."

What would make me ineligible for asylum?

You may be ineligible for asylum if you did not apply within one year of arriving in the United States or if you have a previous asylum denial. You will be completely ineligible if you have committed serious crimes, participated in the persecution of others, or are considered a security risk.

What happens if my asylum application is denied?

If your asylum application is denied, you may still be eligible for other relief through your application for withholding of removal or under the Convention Against Torture. However, you also may be put into removal proceedings if your application is denied. In this case, you may be able to appeal the decision to the Board of Immigration Appeals.

What evidence can I provide for my asylum application?

There are various forms of evidence you can present with your asylum application, depending on the circumstances of your case. This can include affidavits (sworn statements) from witnesses to your persecution, medical records, police reports, published news stories, and broader published work on country conditions that can contextualize your experience. You can also provide psychological evaluations or have expert witnesses to attest to your experience of persecution. You can also present documentation and information proving your membership in certain social groups or political organizations. This is not a comprehensive list, and you should consult an attorney for more information on the necessary evidence for your asylum application.

Can I include my spouse and children in my application?

Yes. If your children and spouse are in the United States, you will be able to include them in your initial asylum application. If your spouse or children live in a different country, you can apply to bring them to the United States after you are granted asylum.

How long will it take for me to be granted asylum?

After filing for affirmative asylum, it can take multiple years to have your case processed and approved. It can even take that long to be called for an interview with USCIS. If your case has taken an unreasonable amount of time to be processed, you may qualify for a mandamus lawsuit.

Supreme Court Decision on DACA: What does it mean for DACA and Undocumented Immigrants?

Mon, 22 Jun 2020 07:34:00 GMT

Supreme Court Decision on DACA

On June 18, 2020, the U.S. Supreme Court decided 5-4 that the Trump Administration could not end the Deferred Action for Childhood Arrivals (DACA) program because the Department of Homeland Security (DHS) acted in a manner that was arbitrary and capricious under the Administrative Procedures Act. A more detailed discussion about the Supreme Court decision is provided in the video below.

Immediate Impact for DACA Recipients & Undocumented Immigrants

While DACA recipients and immigrant advocates were thrilled to know that DACA was protected at least for the immediate future, immigration lawyers throughout the country were trying to understand what is the practical impact of this decision and how to advise current DACA recipients and other undocumented immigrants who may have been able to apply for DACA but missed the opportunity the first time it was available.

While each immigrants case is unique and its best for each immigrant to consult with an attorney about the specific application of law to their individual case, below is the current understanding of the Supreme Court’s decision the American Immigration Lawyers Association (AILA) has shared with myself and other immigration law practitioners:

Under the SCOTUS decision, USCIS must continue to process the following types of DACA requests (as outlined in USCIS guidance in place prior to the Supreme Court ruling):

In order to comply with the Court’s order, USCIS will have to publish guidance on processing the following applications that were suspended under prior court orders:

How DACA Recipients & Undocumented Immigrants Can Protect Themselves in the Future

The Supreme Court’s decision is a historic victory for DACA recipients and gives hope to undocumented immigrants but DHS still has the legal authority to rescind the DACA program and could implement a new memorandum rescinding the program. It is advised that all current DACA recipients and hopeful DACA recipients seek legal counsel about the specifics of their immigration status with an immigration attorney in light of this current Supreme Court decision. Our law firm has assisted DACA recipients and other undocumented immigrants in adjusting their status to Lawful Permanent Resident (LPR aka ‘green card’ holder) and are available to discuss the specifics of your immigration case.

The post Supreme Court Decision on DACA: What does it mean for DACA and Undocumented Immigrants? appeared first on Davis Ndanusa Ikhlas & Saleem LLP .

Undocumented Immigrants in NY can Obtain Drivers Licenses

Mon, 08 Jul 2019 03:47:00 GMT

Driver’s license image from dmv.ny.gov

An important law benefiting undocumented immigrants was passed in NY called the “DRIVER’S LICENSE ACCESS AND PRIVACY ACT” which will take effect on the 14 ^th of December 2019 and was approved by the Governor on the 17 ^th of June 2019. [1]

The 3 key beneficial parts of the law are the following:

1 – The bill does not require undocumented immigrants to prove their lawful residence in the country as the process entailed previously.

2 – Acceptable proof of that under the legislation would be a valid, unexpired passport from a home county, identifying documents provided by a foreign consulate or a foreign driver’s license that is no more than 24 months past its expiration. That’s the same timeline that the state currently allows for residents seeking to get a license with an expired out-of-state ID. Applicants who lack a Social Security number could submit a signed affidavit stating they are unable to provide one, according to the bill [2] .

3 – The State DMV’s commissioner would also be able to authorize any other documents not listed above to serve as alternative forms of identification

What are some concerns that advocates have raise and how does the law addresses the concerns?

Before the bill was approved, the Counsel to the Governor at the time, Alphonso David did pose a question about the guards in the bill regarding the privacy of immigration information to the Solicitor General. The Attorney General, but not the Solicitor General, confirmed that “she believes there are safeguards in the bill, and it can be defended; in other words, it cannot be weaponized to be used against undocumented individuals” according to the statement from Counsel to the Gov. Alphonso David [3] . While the Solicitor General remained unresponsive, Governor Cuomo signed the bill on the Attorney General’s word.

On the “safeguards”, the bill itself mentions the following: Except as required for the commissioner to issue or renew a driver’s license or learner’s permit that meets federal standards for identification, the commissioner, and any agent or employee of the commissioner, shall not disclose or make accessible in any manner records or information that he or she maintains, to any agency that primarily enforces immigration law or to any employee or agent of such agency, unless the commissioner is presented with a lawful court order or judicial warrant signed by a judge appointed pursuant to article III of the United States constitution. Upon receiving a request for such records or information from an agency that primarily enforces immigration law, the commissioner shall, no later than three days after such request, notify the individual about whom such information was requested, informing such individual of the request and the identity of the agency that made such request.

A non-commercial driver’s license or learner’s permit which does not meet federal standards for identification shall not be used as evidence of a person’s citizenship or immigration status, and shall not be the basis for investigating, arresting, or detaining a person. [4]

Not everyone in NY is supporting the law in NY and some of the opposition is from county clerks. The bill is facing opposition from an Erie county clerk and an Association of clerks who are against the bill and are fighting for the bill to be submitted for Federal Review because they think it is unconstitutional. The clerks also argue that the law’s implementation will strain their already overburdened motor vehicle offices and result in new costs, including hiring additional workers to handle the influx of applicants and training them to recognize the foreign paperwork required for an undocumented immigrant to obtain a license. [5]

What kind of driver’s license is this and what are its benefits compared to other types of state or federal IDs?According to the bill the undocumented residents will only receive Standard IDs which will state on them “Not for Federal Purposes” while looking as similar to other driver’s licenses as possible.

For reference, the DMV’s website [6] currently mentions three types of driver’s licenses and this hierarchy of licenses is allowed under the new bill. The different IDs are:

I. A Standard license can be used (i) to board a domestic flight only until October 1, 2020 and (ii) for photo identification purposes.

II. Enhanced license can be used to board a domestic flight (within the U.S.), to enter a federal building or military base, to cross a U.S. border coming from Canada, Mexico, and some Caribbean countries (it is not acceptable for air travel between these countries), and for photo identification purposes

A Real ID license can be used to board a domestic flight, to enter a federal building or military base, and for photo identification purposes.

In the end, since the ID that the undocumented residents receive would not allow them to travel within the U.S. after the 1 ^st of October 2020, it is unclear whether they will be any alternative to that or how the DMV will accommodate the same or if they are expected to use other forms of identification to travel.

Sources:

[1] Driver’s license access and privacy act, 2019 N.Y. ALS 37, 2019 N.Y. Laws 37, 2019 N.Y. Ch. 37, 2019 N.Y. AB 3675 (June 17, 2019). https://advance-lexis-com.citytech.ezproxy.cuny.edu/api/document?collection=statutes-legislation&id=urn:contentItem:5WCF-8GY1-F4W2-61S0-00000-00&context=1516831.

[2] Holmberg, Eric. “How Driver’s Licenses for Undocumented Immigrants Would Work.” CSNY. June 13, 2019. Accessed July 02, 2019. https://www.cityandstateny.com/articles/policy/immigration/drivers-licenses-undocumented-immigrants.html.

[3] “STATEMENT FROM COUNSEL TO THE GOV. ALPHONSO DAVID”. US State News, June 17, 2019. Accessed July 2, 2019.

https://advance-lexis-com.citytech.ezproxy.cuny.edu/api/document?collection=news&id=urn:contentItem:5WC8-4B11-F12F-F55G-00000-00&context=1516831.

[4] Driver’s license access and privacy act, 2019 N.Y. ALS 37, 2019 N.Y. Laws 37, 2019 N.Y. Ch. 37, 2019 N.Y. AB 3675 (June 17, 2019). https://advance-lexis-com.citytech.ezproxy.cuny.edu/api/document?collection=statutes-legislation&id=urn:contentItem:5WCF-8GY1-F4W2-61S0-00000-00&context=1516831.

[5] Goldbaum, Christina. “Rebellion by County Clerks Over N.Y. Licenses for Undocumented Immigrants.” The New York Times. June 21, 2019. Accessed July 02, 2019. https://www.nytimes.com/2019/06/21/nyregion/drivers-licenses-undocumented-ny.html.

[6] Davidsen, Lee. “Which ID Is Right for Me?” New York DMV. April 06, 2018. Accessed July 02, 2019. https://dmv.ny.gov/which-id-right-me.

The post Undocumented Immigrants in NY can Obtain Drivers Licenses appeared first on Davis Ndanusa Ikhlas & Saleem LLP .

NEW YORK TENANT EVICTION – Frequently Asked Questions (FAQs)

Tue, 20 Mar 2018 09:03:00 GMT

A: A Holdover is a case in which the landlord wants to evict the tenant and is not asking for money for failure to pay rent. The landlord may still seek to collect money, usually called use and occupancy, but the ultimate goal is eviction and not collection of monies. A holdover usually means you don’t have a lease but not always. Even if monies are paid (use and occupancy) the tenant can still be evicted. If you do have a lease, the landlord will need to serve you with a notice of termination before bringing a holdover to evict.

Q: What is a Nonpayment?

A: A nonpayment is a landlord tenant action in which the landlord seeks to collect monies for rent not paid. If the rent is paid the tenant gets to remain in the apartment. If the case goes to trial and the tenant loses, the tenant typically has five days within which to pay. If the tenant is unable to pay, the tenant can be evicted by the landlord. In a nonpayment action, if the tenant fails to appear (defaults) the landlord cannot collect rent on default but can still seek to evict the tenant.

Q: What is a demand notice?

A: A demand notice is the notice that comes before the petition in a nonpayment case. The notice, typically in letter form, is not a court document. It is simply a demand to pay the rent owed. If the tenant does not pay the rent by the time demanded in the notice, then the landlord may take the tenant to court to get a warrant of eviction. If the landlord seeks to take the tenant to court, the tenant will then be served with a notice of petition and petition for nonpayment of rent.

Q: I received a letter that says 30 day notice of termination, is this an eviction notice?

A: No, a 30 notice of termination is not an eviction notice. An eviction notice is from the marshal and it would normally says Notice of Eviction and has a case name and number. Click here to see an example.

Q: What is a 30 day Notice of Termination?

A: A 30 day notice of termination is a letter or notice required by law if you are a rent paying tenant. You get a notice that the landlord is terminating your lease or terminating your tenancy if you do not have a lease. At the end of the period noted in the notice, if you do not move then the landlord will may take you to court to start eviction proceedings.

Q: Do I have to move once I get a 30 day Notice of Termination?

A: Yes and No. Technically the notice is not a marshal eviction notice so you do not have to move and a marshal will not come based solely on the 30 day notice. However, if you chose to move before the 30 days expires that is fine. If you do not move after expiration of the 30 days the landlord will have to take you to court in order to evict you.

Q: Landlord wont take money what should I do?

A: Typically the landlord will not take your money once you have been served with a notice of termination. If the landlord does not accept your rent, the landlord is supposed to return the money to you. If the money is returned, it is absolutely important that for every month the landlord does not take your money that you

Q: How do I know when the landlord has taken me to court?

A: After the time to move according to the 30 day notice has expired the landlord or his/her attorney will have you served with a notice of petition and petition. See a sample here. If the case is a holdover, the notice of petition will tell you which court room, the date and the time to appear in court. If the case is a nonpayment, you have five days from receiving the notice of petition and petition to go to the clerk and file answer or get an attorney to do it for you. Either way, you should be ready to go to court.

Q: What are the consequences of going to court, if I don’t move out after the 30 day notice or the demand notice?

A: The possible consequence is that you get a judgment against you. It is important that you get a lawyer and that you appear to court to defend yourself.

Q: What if I miss my court date?

A: If you miss court date, a default judgment may be entered against you. Best practice is to go to the clerk and find out what happened to your case and what you should/can do next. IF there is a default judgment you should ask the clerk to do an order to show cause so that your case will be placed back on the calendar and give you an opportunity to defend yourself. In order to have a successful order to show cause you must be able to demonstrate a good reason why you did not show up and also explain what your defense would have been if you had shown up.

Q: The landlord locked me out what should I do?

A: Go immediately to you housing court and file what is called an “Order To Show Cause” asking the court to restore you to possession and to vacate the judgment against you. If you believe you have been illegally locked out, you should file “Illegal Lockout” Order to Show Cause. The clerk will help you complete the necessary forms and direct you on the next steps.

The post NEW YORK TENANT EVICTION – Frequently Asked Questions (FAQs) appeared first on Davis Ndanusa Ikhlas & Saleem LLP .

Key Elder Law & Landlord Tenant Case Decision Obtained by Tarik Davis

Tue, 20 Mar 2018 09:01:00 GMT

Housing Court Judge Susan Avery decided in favor of Mr. Huggins in evicting his son and the son’s girlfriend, noting that “it is incumbent upon judges and court personnel to recognize the signs of possible elder abuse and act to protect society’s vulnerable seniors.” The NY Law Journal noted that Mr. Davis was “surprised by the breadth of the decision” and that Justice Avery “really wanted to explain everything in detail. She really highlighted the elder abuse.” Tarik Davis is an experianced landlord tenant litigation attorney with over twenty years of experiance.

The post Key Elder Law & Landlord Tenant Case Decision Obtained by Tarik Davis appeared first on Davis Ndanusa Ikhlas & Saleem LLP .

Guidance for Lawyers & Homeowners at NY Foreclosure Settlement Conferences

Tue, 20 Mar 2018 09:00:00 GMT

Part of the publication materials for Queens County Bar Association Volunteer Lawyers Project March 9, 2013 seminar on ‘Representing Homeowner in Foreclosure Settlement Conferences’

I.Overview of the Queens Supreme Court Foreclosure Conference Part

a.Court Attorney-Referee Lance Evans and Chief Clerk Tracy Catapano-Fox preside over the foreclosure part in room 42A

i.Very large calendar call – come early as possible to allow for your case to get conferenced earlier

b.Familiarize yourself with Part Rules (available online)

i.Only residential actions subject to foreclosure legislation and/or CLPR 3408

ii.The part is strictly limited to settlement discussions on loan modification

II.Role of the Attorney Representing Homeowners & Negotiating with Lender Attorneys

a.Review Homeowner Intake Packet

i.Please review the homeowner’s information to understand the unique needs of the particular homeowner

ii.Meet with Homeowner Prior to Conference Date

1.Please call them and schedule an in person meeting with the homeowner. Understand that some of them may not be able to meet during regular business hours of 9-5pm so please try to accommodate them

Notice of Appearance and Demand for All Papers Served
i.Immediately serve (and if possible file) Notice of Appearance if none exists upon Lender’s attorneys

As Attorney of Record, this will allow you to access all the documents previously served upon the other party
Contact Lenders’ Attorneys
i.Law firms have a loss mitigation department that manages all the firm’s foreclosure cases represent most Lenders. Find the specific contact person that handles the file (most likely a specific paralegal) who then passes the information to the lenders underwriters. Specific fax and email address where documents have to be submitted

Attorneys who show up to court often times have information passed onto them from their loss mitigation departments
Don’t be surprised if you see a different attorney show up each time your case is conferenced
ii.Obtain the Lender’s specific loan modification packet

The “HAMP” packet is accepted but each lender has their specific workout packet they want the homeowner to complete
Have homeowner considered for both HAMP and traditional ‘in-house’ modifications
Obtaining the lender’s specific loan modification application allows you to understand all the different types of documents the homeowner will have to provide and you can instruct them to bring it to your first meeting.
d.First Meeting with Homeowner

i.Call to remind them of the meeting

1.Many homeowners are eager to come meet an attorney that is willing to help them

2.If you have gotten the lender’s specific loan mod packet, inform the homeowner of what documents they will have to bring prior to your meeting

ii.Discuss Financial Situation: Why did the homeowner fall behind their mortgage payments? Was it temporary or is it something long term? All this is necessary for hardship letter/affidavit that will eventually have to be prepared.

1.Are they self-employed or W2 employee? What is gross household income – anyone contributing to house expenses; any rental income; any money coming from child support obligations, social security or disability, etc?

2.Note: Please make sure these are homeowners who have this property as their primary residence. If you suspect otherwise, immediately discuss the basis for your belief with QVLP staff.

iii.General Financial Documents Required: all correspondence from the lender regarding defendant’s past due status; pay stubs for the past thirty (30) days; W2’s/tax returns for the past two years; proof of any other income such as alimony, child support and/or disability; lease(s) for tenant(s); 2 months bank statements of all accounts; monthly statements for bills/expenses currently being paid (i.e. credit cards or car payment); recent property tax statement; and a recent credit report. Scan all these documents for your records

iv.Begin completing Loan Modification Packet

1.Have as much of the loan modification packet completed and submitted (via fax or email) to the lender’s attorneys prior to the first conference

III. Settlement Conference Appearances

Pre-Conference
i.Immediately check with the Court attorney handling the part’s calendar and provide him/her with a copy of your Notice of Appearance if necessary

ii.Ask Court attorney with calendar whether lender’s attorneys have checked in and if possible can they point them out (remember the attorneys from the lender’s firm will change so don’t expect to see same face each time)

Pre-Conference Negotiations with Lender’s Attorney
i.Immediately ask them if they have received your faxed/emailed documents for the loan modification packet?

Have fax/email confirmation printouts showing you sent documents on certain date.
ii.Find out what additional documents are necessary or what documents need to be re-submitted

Expired/stale documents – pay stubs, bank statements, etc. need to be most recent and some documents need to a recent date on signature page
Conference with Presiding Referee or Court Attorney
i.Have the lender’s attorney acknowledge the date all documents previously received

ii.The Referee or Court Attorney will inquire as to what documents are still outstanding and how much time you need to submit them to the lender

iii.Remember the HAMP Guidelines require the lender acknowledging completeness of a submitted HAMP loan modification package

Ask Presiding Referee or Court Attorney that the opposing law firm inform you by a certain date that they have received all documents as part of the loan modification packet or need additional documents
iv.Post-Conference Negotiations with Lender’s Attorney

Actual conference will last only 5-10 minutes so after the conference, confirm with the opposition counsel all documents needed and the email/fax number to send the documents
Discuss any other complications or issues that need to be resolved (i.e. tenant not cooperating in giving lease agreement or child support payments not being paid)

IV. Personal Element of Representing Homeowners

Homeowners facing foreclosure: Understand their fears and concerns by listening to what they have to say
i.Many of all them have never dealt with a lawyer and for many, this may be the first time they are in a Courthouse

ii.Explain that the settlement conference part is about finding a workable solution to help them keep their house this keeps them invested in complying with the document requests

Please call them to inform them about progress on the case or what other documents you need from them

The post Guidance for Lawyers & Homeowners at NY Foreclosure Settlement Conferences appeared first on Davis Ndanusa Ikhlas & Saleem LLP .

Know Your Civil Rights: DHS/FBI/ICE

Tue, 20 Mar 2018 08:58:00 GMT

I. WHAT IF THE FBI or IMMIGRATION AGENTS CONTACT ME?

Q: Do I have to answer questions asked by the agents?

A: You have a constitutional right to remain silent. You do not have to answer any questions that the agents ask you. It is a good idea to talk to a lawyer before agreeing to answer questions. You do not have to talk to anyone, even if you have been arrested or are in jail. Only a judge can order you to answer questions.

Q: Can I talk to a lawyer?

A: You have the right to talk to a lawyer before you answer questions, whether or not the police tell you of that right. The lawyer’s job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency and telephone number of any investigator who visits you, and give that information to your lawyer.

Q: Can agents search my home or office without a search warrant?

A: Police and other law enforcement agents cannot search your home unless you give them permission, or unless they have a search warrant. A search warrant is a court order that allows the police to conduct a specified search. Interfering with the search probably will not stop it and you might get arrested. But you should clearly say that you have not given your permission and that the search is against your wishes. Your roommate, guest, or spouse can legally give permission to a search of your house if the police believe that person has the authority to give consent. Police and law enforcement need a warrant to search an office, but your employer can consent to a search of your workplace without your permission.

Q: What if agents have a search warrant?

A: If you are present when agents come for the search, you can ask to see the warrant. The warrant must specify in detail the places to be searched and the people or things to be taken away/ Call your lawyer as soon as possible. Ask if you are allowed to watch the search; if you are allowed to, you should. Take notes, including names, badge numbers, what agency each officer is from, where they searched and what they took. If others are present have them act as witnesses to watch carefully what is happening. Make sure you get a voucher of all the things the agents take from your home.

Q: Do I have to answer questions if the police have a search warrant?

A: No A search warrant does not mean you have to answer questions.

Q: Do I have to answer questions if the police do not have a search warrant?

A: No. A search warrant does not mean you have to answer questions.

Q: What if police stop me in the street?

A: Ask if you are free to go. If the answer is yes, consider just walking away. If the police say you are not under arrest, but are not free to go then you are being detained. The police can pat down the outside of your clothing if they have reason to suspect you might be armed and dangerous. If they search any more than this, say clearly, “I do not consent to a search.” They may keep searching anyway. You do not need to answer any questions if you are detained or arrested with one important exception. The police may ask for your name once you have been detained, and you can be arrested in New York for refusing to provide it.

Q: What if the police stop me in my car?

A: Keep your hands where the police can see them. You do not have to consent to a search. But if the police have probable cause to believe that you have been involved in a crime to that you have evidence of a crime in your car, you can be searched without your consent. Clearly state that you do not consent to the search. Officers may separate passengers and drivers from each other to question them and compare their answers, but no one has to answer any questions.

Q: What if the police or FBI threatens me with a grand jury subpoena if I don’t answer their questions?

A: A grand jury subpoena is a written order for you to go to court and testify about information you may have. If the police or FBI threatens to get a subpoena, you should call a lawyer right away. Anything you say can usually be used against you.

Q: What if I am treated badly by the police or the FBI?

A: Write down the officer’s badge number, name or other identifying information. You have the right to ask the officer for this information. Try to find witnesses and their names and phone numbers. If you are injured, seek medical attention and take pictures of the injured as soon as you can. Call a lawyer or contact your local ACLU office or the CUNY CLEAR Project.

II. WHAT IF I AM NOT A CITIZEN AND THE DHS CONTACTS ME?

Q: Do I have the right to talk to a lawyer before answering any DHS questions or signing any DHS papers?

A: Yes. You have the right to call a lawyer or your family if you are detained, and you have the right to be visited by a lawyer in detention. You have the right to have your attorney with you at any hearing before an immigration judge. You do not have the right to a government-appointed attorney for immigration proceedings but if you have been arrested, immigration officials must show you a list of free or low cost legal service providers.

Q: Should I carry my green card or other immigration papers with me?

A: If you have documents authorizing you to stay in the U.S., you must carry them with you. Presenting false or expired papers to DHS may lead to deportation or criminal prosecution. An unexpired green card, I-94, Employment Authorization Card, Border Crossing Card or other papers that proves you are eligible to be in the United States are important papers to carry.

Q: What happens if I give up my right to a hearing or leave the U.S. before the hearing is over?

A: You could lose your eligibility for certain immigration benefits and you could be barred from returning to the U.S. for a number of years. You should always talk to an immigration lawyer before you decide to give up your right to a hearing.

Q: What should I do if I want to contact the DHS?

A: Always talk to a lawyer before contacting the DHS, even on the phone. Many DHS officers view “enforcement” as their primary job and will not explain all of your options to you.

III. WHAT ARE MY RIGHTS AT AIRPORTS

Q: If I am entering the U.S. with valid travel papers can a U.S. customs agent top and search me?

A: Yes. Customs agents have the right to stop, detain, and search every person and item.

Q: Can my bags or I be searched after going through metal detectors with no problem or after security sees that my bags do not contain a weapon?

A: Yes. Even if the initial screen of your bags reveals nothing suspicious, the screeners have the authority to conduct a further search of you or your bags.

The post Know Your Civil Rights: DHS/FBI/ICE appeared first on Davis Ndanusa Ikhlas & Saleem LLP .

NY Foreclosure Defense Developments

Tue, 20 Mar 2018 08:53:00 GMT

This new legislation is important for homeowners and foreclosure defense attorneys to understand and implement in their litigation strategy against lenders and banks.

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