Law Office of James A Roberts, PLLC

Law Office of James A Roberts, PLLC For more than 32 years, we have been assisting immigrants in defending and legalizing immigration status in the United State.

Since 1994, the law office of James A Roberts, PLLC has provided creative and innovative solutions to the complex legal challenges that confront our clients. We have represented clients across the world in their struggles with the convoluted immigration laws and have successfully concluded thousands of cases. We have attorneys barred in multiple states and have represented clients before immigration offices both nationwide and worldwide.

Important Revisions and New Chart -  Sudan (SAF) conflict with RSF — the core Sudan civil war, inexcusably missing befor...
04/15/2026

Important Revisions and New Chart -
Sudan (SAF) conflict with RSF — the core Sudan civil war, inexcusably missing before. This is the whole reason for the chart you could say!
Eritrea → TPLF (Addis) — Eritrea is actively hostile to the Addis-aligned faction since it represents Ethiopia's interests in Tigray
Ethiopia → TPLF (Sudan) — Ethiopia views Debretsion's faction as enemy combatants
Ethiopia→Somaliland (green ally line). The January 2024 MOU, Egypt→Somalia - allies, reflecting the 10,000-troop military deployment under AUSSOM
Djibouti added. This is a very difficult one, because Djibouti is historically very neutral. However, Egypt is now signing port and energy deals there, potentially giving Cairo leverage over Ethiopia's trade lifeline. Maybe I will take the line away, but for now, I'll put the ally line with Egypt. Any body have any ideas? Maybe we shoudl remove Djibouti entirely
Somalia→Ethiopia conflict line added to reflect Somalia actively expelling Ethiopian AU troops and nullifying the MOU

WIth the world distracted by Ukraine and Iran, many may not understand that there are growing concerns of something big ...
04/15/2026

WIth the world distracted by Ukraine and Iran, many may not understand that there are growing concerns of something big happening in the Horn of Africa. Alliances and Enemies create a growing danger. Here is something I did for fun. Please take the time to give me your thoughts about how to adjust or edit. One thing to note is that I have Chad and RSF as alliances even though I am aware that they clash at the border, I think its still accurate

03/17/2026

TPS Somalia is STAYED
The termination was set to take effect at 11:59 PM tonight, but a federal court issued an interim stay this past Saturday. Under the order, individuals with TPS status based on Somalia's designation retain all rights and protections, including eligibility for work authorization and protection against deportation and detention. Individuals with pending TPS applications also retain those protections. The pause remains in effect pending further court order. For now, the TPS continues.

02/27/2026

In response to the rising number of individuals in immigration detention, our firm has focusing more on filing habeas corpus petitions in U.S. District Court. This powerful legal tool has proven highly effective in securing the prompt release of clients who are being held unlawfully. As of now, we are only taking cases in Virginia, DC, and appeals of habeas corpus in the 4th circuit (VA, MD, NC, SC, WV)
We are proud of our strong track record of success in these cases and are actively accepting new habeas matters.
We are particularly focused on helping:
• Individuals who have been re-detained after many years in the community;
• Clients who have been granted withholding of removal but remain subject to prolonged detention following release; and
• Others with final orders of removal who are being held in indefinite detention.

12/23/2025

Today, we won a type of a case called Habeas Corpus in US Federal District Court. These are complicated cases to win, especially in the current environment. Our client was detained and the Judge ordered his release. We wanted to congratulate our client. I will advise all my clients shortly by SMS message about the next steps they can take based upon the outcome of this case

New Asylum Fees:  Be Careful of Rumours!Please note that there are different rules for the Courts and for USCISA. Cases ...
09/30/2025

New Asylum Fees: Be Careful of Rumours!

Please note that there are different rules for the Courts and for USCIS

A. Cases Pending At USCIS - USCIS has provided guidance about these fees. We know what that guidance says, and you can read it here: https://www.uscis.gov/newsroom/alerts/uscis-updates-fees-based-on-hr-1

1) a $100 Annual Asylum Fee (AAF) that must be paid each year the application is pending,

Any applicant who filed or files a Form I-589 after October 1, 2024, that remains pending with USCIS for 365 days must pay the AAF as of the one-year anniversary of his or her filing date and each year thereafter that the application remains pending

This means that Beginning on October 1, 2025, Asylum renewal fees will become due. Important: applicants who file for asylum do not need to monitor the time their application has been pending and if the AAF applies to them. USCIS will issue personal notices to aliens when their annual asylum fee is due, which will include the amount of the fee, when it must be paid, how the fee must be paid, and the consequences of failing to pay. USCIS will provide guidance for future years’ AAF payments in subsequent issuances.

2) a $100 Asylum Filing Fee for each new Form I-589 submitted. These fees are not waivable, apply to applications in both USCIS and Immigration Court, and became effective on July 4, 2025. If you file a new application, you will need to pay the fee

B. Cases Pending at EOIR (Immigration Court / BIA)

1) Applies to any Form I-589 pending for at least 1 year as of July 7, 2025, regardless of filing date, including cases filed before October 1, 2024 – may result in denial of not paid.
2) Paid via EOIR’s electronic Payment Portal (epay.eoir.justice.gov). Applicants must proactively check eligibility and pay, though EOIR may issue notices or judges may address fees in court.

EAD fees are increased for categories (a)(4), (a)(12), (c)(8), (c)(11), (c)(19), and (c)(34). The fees are:
For initial EAD applications, $550; and
For renewal or extension EAD applications, $275.

U.S. Citizenship and Immigration Services is publishing a federal register notice (FRN) based on the H.R 1 Reconciliation Bill (H.R. 1).

07/07/2025

Practice Alert: New Immigration Fees Authorized by the Reconciliation Bill
On July 3, the House of Representatives passed a budget reconciliation bill called the “One
Big Beautiful Bill Act.” It is expected that the President will sign it by July 4. Among other
immigration-related provisions, the Act includes new fees for various immigration-related
applications. In most cases, these fees are in addition to existing fees. The fees listed are
minimum fees that could increase by regulation and annually for inflation. In most
instances, the fees are not waivable. Fees will take effect immediately under the statute;
however, there may be delays in collection as the government operationalizes payment.
Fee Type Minimum Fee Amount Fee Waivable
Asylum Application $100 X
• Annual Fee for
Pending Application
$100 X
• Initial EAD for Asylum
Applicants
$550 X
• Renewal or extension
EAD for Asylum
Applicants
$275 X
Parole Applications1 $1,000 X
• Initial EAD for
Parolees (limited to 1
year)
$550 X
• Renewal or extension
EAD for Parolees
(limited to 1 year)
$275 X
Temporary Protected Status
(TPS) Application
$500 X
• Initial EAD for TPS
applicants (limited to
1 year)
$550 X
• Renewal or extension
for TPS holders
(limited to 1 year)
$275 X
Special Immigrant Juvenile
Application 2
$250 ☑
1 Certain case by case exceptions from fee for those who are paroled because of: 1) life threatening medical
emergencies where treatment is unavailable in home country for self or parent or legal guardian; 2) urgent
organ or tissue donation; 3) family member whose death is imminent; 4) funeral of close family member; 5)
adopted child with urgent medical condition; 6) Lawful Permanent Resident (LPR) returning from temporary
travel abroad; 7) return from a contiguous country to attend immigration hearing; 8) Cuban or Haitian entrant;
assistance with law enforcement matter.
2 Applies to noncitizen applying for SIJS if reunification with 1 parent is possible.AILA Doc. No. 25070309. (Posted 7/3/25)
Fee Type Minimum Fee Amount Fee Waivable
Visa Integrity Fee for
Nonimmigrant Visa
Issuance3
$250 X
Form I-94 Application $24 X
Immigration Court Filings
• Adjustment of Status $1,500 ☑
• Waiver of Grounds of
Inadmissibility
$1,050 ☑
• TPS Application $500 ☑
• Application for
suspension of
deportation or
cancellation of
removal
$600
• Cancellation of
Removal and
Adjustment of Status
Application for certain
non-permanent
residents
$1,500 ☑
• Individuals removed
in Abstentia
$5,000 X
Appeals
• Immigration Judge
decision (to BIA)
$900 ☑
• DHS Officer $900 ☑
• Practitioner
Disciplinary Decision
$1,325 ☑
• Motion to Reopen or
Reconsider IJ or BIA
decision
$900 ☑
ESTA Fee for Visa Waiver
Applicants
$40 ☑
EVUS Fee for Chinese B-1/B-
2 visa holders
$30 X
Inadmissible individuals
arrested between Ports of
Entry
$5,000 ☑
3 DHS may reimburse the fee after visa expiration if the noncitizen demonstrates compliance with visa
requirements, including not accepting unauthorized employment; the noncitizen departed the U.S. within 5
days of admission period, or extended or adjusted status during admission.

04/11/2025

Please read this post AFTER reading the earlier post of today, below:

8 CFR § 264.1

(a) The following forms are prescribed as registration forms:

Form No. and Class
I-67, Inspection Record—Hungarian refugees (Act of July 25, 1958).

I-94, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; aliens lawfully admitted to the United States for permanent residence who have not been registered previously; aliens who are granted permission to depart without the institution of deportation proceedings or against whom deportation proceedings are being instituted.

I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft.

I-181, Memorandum of Creation of Record of Lawful Permanent Residence—Aliens presumed to be lawfully admitted to the United States under 8 CFR 101.1.

I-485, Application for Status as Permanent Resident—Applicants under sections 245 and 249 of the Immigration and Nationality Act as amended, and section 13 of the Act of September 11, 1957.

I-590, Registration for Classification as Refugee—Escapee—Refugee-escapees paroled pursuant to section 1 of the Act of July 14, 1960.

I-687, Application for Status as a Temporary Resident—Applicants under section 245A of the Immigration and Nationality Act, as amended.

I-691, Notice of Approval for Status as a Temporary Resident—Aliens adjusted to lawful temporary residence under 8 CFR 210.2 and 245A.2.

I-698, Application to Adjust Status from Temporary to Permanent Resident—Applicants under section 245A of the Immigration and Nationality Act, as amended.

I-700, Application for Status as a Temporary Resident—Applicants under section 210 of the Immigration and Nationality Act, as amended.

I-817, Application for Voluntary Departure under the Family Unity Program.

(b) Evidence of registration. The following forms constitute evidence of registration:

Form No. and Class

I-94, Arrival-Departure Record—Aliens admitted as nonimmigrants; aliens paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act; aliens whose claimed entry prior to July 1, 1924, cannot be verified, they having satisfactorily established residence in the United States since prior to July 1, 1924; and aliens granted permission to depart without the institution of deportation proceedings.

I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft.

I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel.

I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada.

I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico.

I-221, Order to Show Cause and Notice of Hearing—Aliens against whom deportation proceedings are being instituted.

I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—Aliens against whom deportation proceedings are being instituted.

I-551, Permanent Resident Card—Lawful permanent resident of the United States.

I-766, Employment Authorization Document.

Form I-862, Notice to Appear—Aliens against whom removal proceedings are being instituted.

Form I-863, Notice of Referral to Immigration Judge—Aliens against whom removal proceedings are being instituted.

The Alien Registration Requirement Yesterday, April 10,  the U.S. District Court for the District of Columbia, denied th...
04/11/2025

The Alien Registration Requirement

Yesterday, April 10, the U.S. District Court for the District of Columbia, denied the a motion to delay the effective date of the Alien Registration Requirement. The lawsuit was brought by the American Immigration Lawyers Association. As a result, the requirement will take effect today, April 11, 2025.

What is the New Alien Registration Requirement?

The law requires non-U.S. citizens residing in the United States to register with DHS, providing personal information such as fingerprints and home addresses. With limited exceptions, all noncitizens aged 14 and older

*who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer*

must apply for registration and fingerprinting. Additionally, parents and guardians are responsible for registering children under 14. Once a child reaches their 14th birthday, they must apply for re-registration and fingerprinting within 30 days.

The registration requirement applies to

(1) Individuals aged 14 and older: Non-U.S. citizens who were not fingerprinted or registered when applying for a U.S. visa and who plan to stay in the United States for 30 days or longer must register before the expiration of the 30 days.
(2) Children under 14: Parents or legal guardians must register their children who were not registered upon visa application and who will remain in the U.S. for 30 days or longer must register before the expiration of the 30 days.
(3) Previously registered children turning 14: They must re-register and provide fingerprints within 30 days after their 14th birthday.

How To Register:

Those registering must fill out the online form G-325R, which will serve as the registration form, it is available online at https://www.uscis.gov/g-325r

Who is not required to register?

Those who submitted one of the forms listed on 8 CFR 264.1(a), including Green Card holders, visa holders, parolees, employment authorization recipients, and individuals in removal proceedings, are already registered. 8 CFR 264.1(b) provides a list of documents designated as evidence of registration. I will make another post quoting from the list as shown in the regulations.

The USCIS announcement specifically notes that the following groups are not considered to be registered, but did not include them in the group that is required to register.
Those who entered the U.S. without inspection
Canadians who entered at a land port and were not issued evidence of registration
Those who applied for immigration benefits not listed in 8 CFR 264.1(a) (including those who applied for DACA and TPS)

Potential Consequences

The USCIS has not specified a fee for the alien registration process itself. However, according to INA 266, willful non-compliance can lead to significant penalties, including misdemeanor conviction, civil fines of up to $1,000 or imprisonment of up to 6 months, and potential immigration consequences.
Though failure to register is a criminal offense, complying with the Registration requirement with DHS may result in removable registrants being placed in immigration court proceedings, expedited removal, or detention. Further, the registration form asks about activities that may violate other criminal statutes, creating even more risk.
Not only are there criminal penalties for failure to register, but participants may inadvertently self-incriminate by providing information about their manner of entry and other data. News reports indicate that the Department of Justice will prioritize prosecuting immigration-related crimes, making such concessions potentially very problematic. Please note that I am not a criminal lawyer and will not be able to provide advice on criminal issues and I recommend that any potential criminal issues be discussed with a competent criminal lawyer.
Of course, I cannot and will not advise clients not to register, nor will not I advise clients how to potentially avoid detection if they fail to register as well.

Use this form to provide biographic information when applying for registration and fingerprinting under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).

01/21/2025

President Trump's executive order issued on January 20, 2025, aims to end birthright citizenship for children born in the United States to undocumented immigrants. This initiative hinges on a specific interpretation of the 14th Amendment's Citizenship Clause, which states:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

The phrase "subject to the jurisdiction thereof" is central to this debate. Historically, it has been interpreted to mean that anyone born on U.S. soil, except for the children of foreign diplomats, enemy combatants, or members of sovereign Native American tribes (prior to the Indian Citizenship Act of 1924), is automatically granted U.S. citizenship. This interpretation was upheld by the Supreme Court in the 1898 case United States v. Wong Kim Ark, which confirmed that a child born in the U.S. to foreign parents who were legally domiciled and resident in the U.S. was a citizen by birthright.

However, the current administration contends that the "subject to the jurisdiction thereof" clause excludes children of undocumented immigrants, arguing that such parents have not fully consented to U.S. laws and jurisdiction due to their unauthorized status. This perspective challenges the longstanding application of the 14th Amendment and seeks to reinterpret its provisions to exclude certain individuals from automatic citizenship.

The issue, once this litigated, are arguments about interpretation of the 14th Amendment cannot be achieved through an executive order alone. Significant changes to constitutional interpretations typically require a constitutional amendment or a definitive ruling from the Supreme Court. As such, this executive order is expected to face immediate legal challenges questioning its constitutionality and adherence to established legal precedents.

01/21/2025

On January 20, 2025, President Donald Trump signed several executive orders focusing on immigration policy. Key actions include:
1. Ending Birthright Citizenship: An executive order was signed to end birthright citizenship for children of illegal immigrants. This move challenges the 14th Amendment and is expected to face legal challenges.

2. National Emergency at the Border: President Trump declared a national emergency at the U.S.-Mexico border, allowing for the deployment of troops to secure the border and the construction of physical barriers.

3. Reinstating the 'Remain in Mexico' Policy: The administration plans to reinstate the policy requiring asylum seekers to wait in Mexico during their U.S. immigration proceedings.

4. Halting Asylum and Refugee Resettlements: An immediate suspension of asylum and refugee resettlements for at least four months was ordered, along with the implementation of stricter vetting procedures for migrants.

5. Labeling Criminal Gangs as 'Global Terrorists': Criminal organizations such as MS-13 were designated as "global terrorists" to facilitate their deportation.

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