Expedited Removal is a procedure that allows the Department of Homeland Security (DHS) to remove a person coming to the United States without a hearing. Any person who comes to a U.S. port of entry without a visa may be removed in this way. DHS can also remove a person found on U.S. soil if they are undocumented and cannot prove they have been continuously present in the United States for two years.
You may wonder, “What if my asylum case is denied? Are there other options?” There may be other forms of relief, or defenses to being removed, which an applicant can make that are not discretionary.
I live on social security income. Can a creditor garnish my checking account? Social security income is exempt from the reach of creditors. That is, a creditor cannot garnish social security income. A person receiving only social security income is judgment proof. Such a person does not need to file for bankruptcy, because the creditor does not have a right to any of the social security income.
In our previous article [HOW WE PREPARE ASYLUM CASES] we touched upon arguments that the government attorney may present to disqualify a person from meeting the requirements for asylum. In this article we explore other disqualifying factors that will be a bar to asylum.
Our previous article [REQUIREMENTS FOR ASYLUM] explained what is required to have an asylum claim. In that article, we stressed the importance of contacting an attorney early and having the attorney present during the interview with the asylum officer.
What are the requirements for asylum? Many asylum seekers are unaware and enter into the credible fear interview alone with no awareness of what elements of asylum law they will need to prove to prevail in their claim.
I am married. Can I file without my husband? In a community property estate like Arizona, all assets and debts incurred during the course of the marriage “partnership” are considered community property. The exceptions are property received and debts incurred before marriage or after divorce, or property received through inheritance, whether it is received before, during, or after marriage.
Is it better to file for bankruptcy before or after divorce? If a couple is considering divorce, it is generally better to file for bankruptcy before getting a divorce. In this way, all debts incurred during the course of the marriage are discharged as community debts.
I am behind on my child support. Can filing bankruptcy help me? It depends on whether a Debtor files a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. There are subtle differences.
I owe taxes. Can filing bankruptcy help me? Generally, tax debts are not dischargeable in bankruptcy. However, in law, there are always exceptions to the rule. If a tax debt is more than ten years old and the Internal Revenue Services has made no attempt to collect...